Sydney, NSW -- (SBWIRE) -- 09/12/2013 -- The case of R v Minna (2013) NSWDC 104 involves a tragic vehicular accident that caused the life of a close friend. The offender is Mattia Minna, a young man from Genoa, Italy who is in Australia as a tourist. He pleaded guilty to an offense against Section 52A (1)(c) of the Crimes Act 1900. He drove a vehicle that was involved in an impact causing the death of Carollyne Olivie. At that time Mattia Minna was driving in a manner that was dangerous to other persons. He is waiting for his sentence before the Court at Griffith.
On the morning of June 9, 2012, a group of five close friends drove homeward bound for Robinvale. They were coming from Mildura after a night of celebration because one friend was going back to France. Mattia Minna was the driver. The deceased was seated in the backseat behind the front passenger and she was the only one who was not wearing a seat belt.
Mattia Minna lost control of the vehicle when they approached the intersection of Morris Road and Sturt Highway, west of Euston, New South Wales. He said that he swerved to avoid a kangaroo. The vehicle rolled at least three times and the deceased was thrown out of the vehicle. She died almost instantly from the fatal head injuries she suffered.
The mandatory alcohol level testing revealed that Mattia Minna had a blood alcohol reading of 0.137 grams of alcohol per 100 milliliters of blood. He is just under the high range limit of 0.15 grams of alcohol per 100 milliliters of blood which if reached would have resulted to a more serious aggravated offense.
The Court said that, “There was a clear abandonment of responsibility by the Offender when he chose to drive the vehicle after an evening of drinking and celebration.” The Court found that the ability of Mattia Minna to control the vehicle, kangaroo or not, “would have been considerably and adversely affected by the alcohol level in his blood.” The actions of the driver not only put at risk the lives of his passengers but also that of the other road users.
The Court gave due consideration to the instantaneous plea of guilt by Mattia Minna and his remorse but after considering all other alternatives the Court found that no penalty other than imprisonment would be appropriate. Mattia Minna was convicted and imposed an overall sentence of two years and three months imprisonment.
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