The West: Father jailed despite daughter’s pleas

A road rage driver is behind bars for causing brain damage to his nine-year-old daughter, despite her teenage sister’s pleas to a judge to spare their father from jail. Colin Wilson, 40, of Bayswater, was involved in a road rage incident and ensuing smash on Stud Road, Rowville, in Melbourne’s south-east on September 21 last year. Wilson, who believed he had been abused by driver James Halkyard, pursued Mr Halkyard’s car, reaching speeds of up to 120km/h in an 80km/h zone. He swerved in front of Mr Halkyard’s car, hitting a tree and then a pole.

Wilson’s then nine-year-old daughter, Melissa, suffered serious brain injuries in the crash, while his other daughter Samantha, then aged 14, and wife, Jodi, were also injured.County Court Judge Thomas Wodak jailed Wilson for three years and six months, with a minimum non-parole period of two years, despite letters from Jodi and Samantha pleading for Wilson not to be imprisoned. “Our family has been under a lot of stress. If he goes to jail then we would have very big money problems,” Samantha wrote in her letter, which was tendered to the Victorian County Court. “I love my Dad - jail is not the answer for him but what he needs is help.”

Ms Wilson told of her husband’s help in Melissa’s rehabilitation and his grief at losing their four-year-old son to a brain tumour in 2003. Judge Wodak said he accepted the difficulties Wilson’s imprisonment would cause his family but those concerns could not be taken into consideration when sentencing. “Sentencing is a task for the courts according to legal principles,” he said.

“The views of victims of offending on the sentence to be imposed are not matters taken into account.” Wilson had pleaded guilty to three counts of negligently causing serious injury and one count each of reckless conduct endangering persons, speeding and exceeding the prescribed concentration of alcohol. Judge Wodak said he was one of many judges who had urged Victoria’s parliament to legislate for a tougher maximum penalty than the current five years’ jail for the offence of negligently causing serious injury.

“Courts are bound to sentence in accordance with the sentencing principles, as well as the maximum penalties set in the legislation,” he said. “It is hard to explain why so many experienced judges should not be listened to when the carnage on our roads causes considerable concern in the community.” The court was told Wilson had a blood-alcohol reading more than double the legal limit at the time of the smash. He had 18 previous offences, including driving in a careless manner, speeding and driving with a blood-alcohol reading of 0.072 per cent in 2004. Judge Wodak said he took into account Wilson’s bipolar disorder, anger management problems and alcohol abuse when deciding on an appropriate sentence.