The unlicensed driver of a car which crashed and killed a father of four near Katherine early last year has been sentenced to 3 years and 6 months' jail.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
The jail sentence will be suspended after 10 months is served.
The jury in a five-day Supreme Court trial held in Darwin earlier this month found 24-year-old Rhiannon Ponto guilty of two criminal charges arising from a single vehicle rollover on January 24, 2019.
Another passenger in the car which rolled on the Stuart Highway near the Edith Falls turnoff was also badly injured in the crash.
The court was told Ponto had never held a full driver's licence, although had held a learner licence, which expired in February 2017 and had a drink driving conviction from January 2017.
At the time of the fatal accident, Ponto had a blood-alcohol level of between 0.113 to 0.172 per cent, the court was told.
The passengers were not wearing seat belts, cannabis had been used, and they had traveled long distances in a search for alcohol.
"Consistent with the jury's verdict, I am satisfied that you were affected by alcohol and tiredness to such an extent that your driving of the vehicle was objectively dangerous. I am satisfied that because you continued to drive in the state you were in, there was a real danger of serious harm to the passengers travelling in the vehicle, which, sadly, eventuated," Justice Peter Barr said.
The fatal crash occurred about 6.30 pm on Thursday, January 24, 2019 on the Stuart Highway between Pine Creek and Katherine.
At the time of the crash, the deceased man was lying asleep in the rear of the vehicle. The other passenger was in the front passenger seat.
"Earlier that day, you and (passenger) drove around Katherine, with (deceased man) driving. You were hoping to be able to buy alcohol in Katherine but were unsuccessful in finding someone with an address in Katherine who could purchase alcohol on your behalf," Justice Barr said.
They then drove to Pine Creek and then to the Mary River roadhouse in the search for alcohol.
The court was told the people in the car were drinking straight rum from a bottle they bought.
When the male driver became too drunk to drive on the way back to Pine Creek, Ponto took over the driving, the court was told.
"While you were driving, you and the other passengers smoked a joint ...," Justice Barr said.
"Consistent with the jury's verdict, I am satisfied that you were affected by alcohol and tiredness to such an extent that your driving of the vehicle was objectively dangerous. I am satisfied that because you continued to drive in the state you were in, there was a real danger of serious harm to the passengers travelling in the vehicle, which, sadly, eventuated."
While you're with us, you can now receive updates straight to your inbox each Friday at 6am from the Katherine Times. To make sure you're up to date with all the news, sign up here.