Qld: Drunk driver who killed sons loses appeal on sentence

AAP General News (Australia)
02-10-2009
Qld: Drunk driver who killed sons loses appeal on sentence

By Christine Flatley

BRISBANE, Feb 10 AAP - A drunk, speeding and unlicensed driver who fled a crash that
killed his two young sons has been refused a lighter sentence.

Alan Edward Ross was sentenced to eight years' jail in the Southport District Court
in October last year after pleading guilty to dangerous operation of a motor vehicle causing
death.

The sentencing judge made no recommendation for parole.

The court was told the then 25-year-old, of Benowa, crashed his car into trees on the
Gold Coast in June 2007, and then fled the scene, leaving his two young sons in the wreckage.

Khye, who was almost three at the time, died instantly, while eight-month-old Zac died
later from his injuries in a Brisbane hospital.

Ross had a blood alcohol reading of 0.163 per cent at the time of the crash, and had
lost his licence because of a previous drink-driving offence.

After fleeing the scene he continued drinking and lied to police about the cause of the crash.

On Tuesday, the three justices of the Queensland Court of Appeal rejected Ross' application
to have his eight-year sentence reduced to seven years, or for a parole recommendation
to be made.

Ross' lawyer Colin Reid said the existing sentence was "manifestly excessive" and didn't
take into account his client's early guilty plea.

However, Chief Justice Paul de Jersey said the sentencing judge had clearly taken into
account all mitigating circumstances when arriving at the sentence.

Chief Justice de Jersey said the crown case against Ross had been "overwhelmingly strong",
and that serious crimes such as this required a significant, deterrent penalty.

AAP cf/pjo/it/mn

KEYWORD: ROSS

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