By LIAM DURKIN

 

TRARALGON man, Peter Agius will spend at least the next six years behind bars.

Mr Agius was last week sentenced to nine years and eight months jail in Melbourne’s county court over the fatal crash that killed Glengarry’s Adam Sutton in 2023.

The 23-year-old was found guilty by a jury of culpable driving in March this year.

Mr Sutton, a young father of two, collected six-year-old son Darcy from his first day of school when Agius’ vehicle, travelling at around 95 kilometres an hour, ploughed into their car as it attempted to make a right hand turn at the Traralgon-Maffra and Farmers road intersection between Traralgon and Glengarry.

The 36-year-old livestock agent died at the scene.

Darcy was flown to the Royal Children’s hospital with critical injuries. He was in hospital for six weeks and will suffer permanent consequences as a result of a brain injury.

The court heard Agius was using social media app Snapchat just seconds before the crash.

Agius had prior convictions for driving offences, and had been warned repeatedly by his employer about using his phone while operating machinery.

Judge Kevin Doyle mentioned this in his sentencing remarks.

“The evidence was that on several occasions at work you were observed using your phone whilst operating machinery, including the excavator, and warned not to do so,” His Honour said.

“I excluded that evidence but, in my opinion, it has relevance to the assessment of your moral culpability in that you had been warned not to use your phone whilst operating machinery, including on the day of the collision and on other occasions.

“You ignored those warnings and then drove from the worksite either receiving or sending a message approximately once every 10 seconds between the worksite and the collision.”

Victim impact statements were also read out during the trial, including from Mr Sutton’s mother, who described the loss as “incomprehensible and senseless”.

Leanne Sutton said her son was “strong willed, loving, funny, adventurous, determined and loyal, with a big heart and a wicked sense of humour”.

The grieving family filled the court for last Thursday’s sentencing (July 17).

Mr Sutton’s funeral was attended by an estimated 1000 people, with almost 2000 watching online.

Agius will be eligible for parole in six years.

“In my opinion, you have reasonable prospects of rehabilitation,” His Honour said.

Agius has already served more than 100 days.