Man jailed for drunk driving death of mate during work party
An aspiring chef was today sentenced to 11 years jail for a drunken car crash that killed his friend and injured another driver in Red Hill after a work Christmas party.
Shivantha Mudiyaselage, a 24-year-old Sri Lankan national, previously pled guilty to one charge of culpable driving causing death and one charge of dangerous driving causing injury.
Mudiyaselage’s blood alcohol content was 0.192 at the time of the crash, almost four times the legal limit.
The crash took place following a work Christmas party which visited two wineries on the Mornington Peninsula. Mudiyaselage was not licenced to drive in Australia at the time.
Upon handing down the sentence, Melbourne County Court Judge Krista Breckweg said Mudiyaselage’s actions had caused “devastating consequences”, and driving offences causing death are on the upper end of objective seriousness.
“The victim’s death has had a profound impact on his family,” Judge Breckweg said.
Judge Breckweg said a blood alcohol content of almost four times the legal limit made Mudiyaselage incapable of having proper control of the vehicle, which was compounded by a still-developing brain and a vehicle that he was unfamiliar with.
“I find it hard to comprehend that you wouldn’t have known how drunk you were, or that you were not fit to drive,” Judge Breckweg said.
Before handing down her sentence, Judge Breckweg said general deterrence must be given substantial weight when sentencing, as “a message to young drivers that they cannot drink and drive”.
Judge Breckweg said offenders are often young drivers with a good record, but “the community will not tolerate driving under the influence of alcohol”.
Mudiyaselage let out an audible sigh as the sentence was handed down.
The incident took place on December 5 2023, after a work Christmas party on the Mornington Peninsula.
The court heard Mudiyaselage and several co-workers attended the Morning Sun Vineyard from 12pm to 4pm, before being driven to another winery.
Mudiyaselage left the second winery at 4:50pm, driving a co-worker’s Toyota Yaris, with his friend Senith Malabage in the passenger seat.
Judge Breckweg told the court that after leaving the second winery, Mudiyaselage was seen driving erratically, overtaking another car at 100km/h in a 60km/h zone.
Mudiyaselage turned onto Arthurs Seat Rd, which has a speed limit of 70km/h, and entered a large bend at approximately 128km/h.
At this point the Toyota Yaris lost traction and crossed to the wrong side of the road.
The Yaris then collided head-on with a Toyota Landcruiser in the oncoming lane, which was driving at 60km/h.
As a result of the crash, Mr Malabage died from head injuries before paramedics could attend the scene.
The driver of the Landcruiser was taken to Frankston Hospital, suffering an acute lumbar spine fracture.
The court heard that the maximum speed one could drive around the bend safely was 98km/h, and that Mudiyaselage was unlicenced to drive in Australia at the time.
Judge Breckweg said Mudiyaselage has spent his time in custody productively, helping in the prison kitchen, and fully comprehends the devastation that he has caused.
She took into consideration his remorse, acceptance of responsibility, and guilty plea during sentencing.
A victim impact statement provided by the brother and sister of Mr Malabage told the court that his death had forever altered their lives, and that they felt immense grief for his lost future.The family has chosen to forgive Mudiyaselage and want him to honour Mr Malabage’s life by living his with responsibility.
Mudiyaselage will serve a minimum of seven years in prison, after which he will be eligible for parole.