A hit-run driver who was jailed for failing to stop after fatally striking a pedestrian on Princes Highway, Berwick in 2022 has had his sentence reduced on appeal.
George Varghese, 32, of Narre Warren, had pleaded guilty to charges including failing to stop, failing to render assistance and obtaining a financial advantage by deception.
He was originally sentenced in the Victorian County Court to 12 months jail plus a three-year community corrections order.
On 30 May, the Victorian Court of Appeal resentenced Varghese to 10 months jail with fines of $1300. He was not required to perform a CCO.
Justices Maree Kennedy and Terence Forrest found the original County Court judge erred by taking into account the impact of the 44-year-old victim Darrin Pierce’s death on his loved ones.
“As tragic as it undoubtedly is for his family, Mr Pierce’s death was not caused by any aspect of the applicant’s driving.
“It follows that we consider that the various expressions of profound grief and loss at Mr Pierce’s passing were inadmissible as they were not a result of the offending conduct in any sense.
“With one exception, the (family’s victim impact statements) are completely focussed, and movingly so, on the loss of Mr Pierce.”
Just after midnight on Saturday 26 November 2022, Varghese’s BMW struck Pierce, who was walking home against the flow of traffic in the highway’s left lane.
Walking about half-a-metre inside the bitumen edge, Pierce was in an unlit 70km/h section about 400 metres from the Bryn Mawr Boulevard intersection.
The small-business owner and father-of-three had been drinking that night, with a recorded blood-alcohol level of 0.19.
As a result of the collision, he was thrown about 25 metres. He died in hospital later that morning.
Instead of stopping to assist, Varghese continued on his trip to meet an acquaintance at Sandown Park Hotel in Noble Park.
Varghese had conceded in court that he’d heard a sound at the point of hitting Pierce.
The appeal judges agreed with the original judge that this was enough to alert him to the “high possibility” that he’d hit a person and should have stopped.
When visited by police, Varghese claimed his car had been damaged when it struck a parked vehicle and a fallen branch in his driveway.
He’d concocted the same story to claim a replacement hire vehicle from his insurer as well as trying to organise a tow and repair of his BMW via insurance.
The appeal judges took into account Varghese’s “compelling” personal circumstances and “excellent” rehabilitation prospects.
The qualified accountant had a good work history, was heavily involved in church and charity work and had no previous convictions.
Since the collision, he’d reported symptoms of panic and adjustment disorders. He’d stopped driving and become isolated due to the stigma and judgement from his communities.
Born in India, Varghese had married in 2019 and applied for an Australian partner visa in 2022.
He faced the possibility of being deported, if sentenced to a jail term of 12 months or more.
As of 30 May, Varghese had already served nearly nine months – 272 days – of his jail sentence.
