On Indictment R10162977, you are to be sentenced for one charge of negligently causing serious injury. The maximum sentence is 10 years' imprisonment. You are also to be sentenced for the summary offence of driving whilst disqualified, which carries the maximum sentence of two years' imprisonment.
You pleaded guilty before me on 24 February 2026. When interviewed by police on 3 June 2024, soon after the motor vehicle collision, you made a full confession and expressed remorse. The committal went by hand-up brief, after which you pleaded guilty. There have been a number of delays to that, because you were not legally represented. You receive the benefit of your plea of guilty and early cooperation. That has accepted responsibility, facilitated the interests of justice and expresses remorse. I find that you are genuinely remorseful.
At your plea hearing on 24 February, Mr Hammill for the Crown tendered a written summary of prosecution opening and depositional photographs of the aftermath of collision. Mr Brogden for you provided a written outline of plea submissions. I have also been provided with a Sentence Advisory Council sentencing snapshot document for the offence of negligently causing serious injury.
You came to Australia in 2023 on a working and student visa, wishing to secure better employment opportunities and support your family in Vanuatu. April 2024, you were working at a Nagambie chicken farm and living in Tatura. Roney Naliupis, I presume that is - can anybody help me with the correct pronunciation?
MR HAMMILL: That is how I have been saying it, Your Honour.
HIS HONOUR: Yes. Roney Naliupis also worked there. He was a relation who came from another part of Vanuatu. You had access to a farm vehicle, a Tarago. That seems to have been used to transport workers to and from the Nagambie property.
On Saturday 1 April and Sunday 2 April, you and work colleagues, including Roney Neliupis, drank heavily in Tatura. Toward evening of the 2nd, you agreed to drive some of them part of the way home, which was across the town. You saw yourself as too drunk to drive further. I take it that all of you were intoxicated.
As you drove through the main street and shopping strip of Tatura, Hogans Street, Roney Naliupis and others were in the back seat of the Tarago. He, and likely the others, were not wearing seatbelts. You were not driving fast (at or only slightly above the speed limit, at 40 kilometres per hour) heading west approximately toward the setting sun. As you approached a pedestrian crossing, the vehicle (inexplicably, but for your intoxication) swerved left and quite heavily struck a bollard. These bollards were guarding pedestrian access to the crossing. The street narrowed with the crossing. It was evident that Roney Neliupis was seriously injured. Two other males were seen to flee. You stayed and tried to help. You were observed by witnesses and then attending police to be very intoxicated. A blood test result stated your alcohol reading to have been 0.235.
Injury to Roney Naliupis was profound. Paragraphs 20 and 21 of the Crown opening state as follows.
[2]
"Medical records indicate the victim sustained the following injuries. C4/5 fracture and dislocation, anterior translation of C4 and C5, with severe spinal canal stenosis. Bilateral Grade 1 BIFFL. - resolved. C6 cm vertex scalp laceration. On 26 June 2024, the victim was transferred to the Austin Health Spinal Rehabilitation facility. On 19 September 2024, the victim was found to have a C5 ASIA classification B spinal cord injury. He remains a quadriplegic with minimal hand control and his condition is permanent."
[3]
I was told that it is understood that Roney Naliupis is placed in residential rehabilitation in Melbourne. There was no victim impact statement before me. However, that impact is self-evidently very great indeed.
You are a 42-year-old man, who, as stated, came to Australia about three years ago. You have no criminal history, but for the traffic infringement notice offence driving in excess of the prescribed alcohol limit, in April 2024. The alcohol concentration was .07 to .099 per cent. Your licence was cancelled and you were disqualified from driving for six months. That is the basis of the summary offence, driving whilst disqualified on the occasion of this collision.
The work positions you have held in Vanuatu are consistent with good character and reputation. For six years, you were an assistant sheriff in the Supreme Court there.
You have six children, aged five to 19, who live with their grandparents in Vanuatu. You help to support them and your father, who has suffered a stroke, sending $500 weekly. You are separated from their mother, who also lives in Australia and also sends financial support.
A custodial sentence of 12 months or more will mean automatic cancellation of your visa. There is a discretion in the Minister for Immigration to revoke that. However deportation of you is likely; therefore movement into immigration detention pending that, on release after serving a head sentence or, earlier, upon parole release. I take into account to some extent the hardship of that. You are not in the situation of long-term residence in Australia and the establishment of that connection and stability in terms of employment, family and other such matters. However, I accept that you came here with the intention of living here, if not permanently, at least a considerable time, for the benefit and support of your family.
Since the offending now about 20 months ago, you have not driven and limit alcohol to a single drink with food. You engaged with a local church community, presumably in Mildura, where you do voluntary work. You are employed as a traffic controller. You are coming to the end of an online criminology course and have the ambition to work in community advocacy with young people. I find that you have good prospects for rehabilitation.
Your offending must be seen as a serious example of the crime negligently causing serious injury. Particularly it features a very high level of intoxication and dire consequences of injury to your victim. That he was not wearing a seatbelt, whatever contribution that has made to his injury, is not a mitigating factor. It can be said that sometimes seen high speed, extravagantly or irresponsible and dangerous driving leading to the collision is not present. That you were disqualified from driving is a factor adverse to you. However, I intend a sentence on that with some cumulation and bearing in mind totality and that you are not to be doubly punished.
The circumstances of offending make relevant sentencing considerations and purposes of moral culpability, deterrence, particularly in this case, general deterrence, condemnation of what you did and proportionate punishment. General deterrence becomes an important sentencing purpose. There can be no sentence but imprisonment with a head and minimum term.
However, I also take into account moderating factors relevant to your case. They include the following:
Your early plea, cooperation and remorse.
Your personal history and circumstances.
These include your prior good character and particular aspects of hardship which will be caused to you by this sentence. I refer to my earlier comments and findings on the effect of impending deportation. The probable hardship to your family in Vanuatu does not, in the direct sense, meet the required measure of exceptional. However, there will likely be personal impact upon you, knowing their situation and, for example, that you have brought that about. Imprisonment will be harder for you.
As I have said, I find that you have genuine prospects of rehabilitation. You have moved toward that, and insight into what you did, over the period since the offending.
These moderating factors impact upon what length of imprisonment I impose and particularly, in your case, the length of minimum term before you are eligible for parole.
Having considered and weighed what I see to be the relevant and competing matters I sentence you as follows. Stand up please, Mr Melenarave.
For the indictment charge, negligently causing serious injury, imprisonment, three years and six months.
For the summary offence, driving whilst disqualified, imprisonment for four months.
I direct that two months of that be served cumulatively upon the sentence for negligently causing serious injury.
That is a total effective sentence of three years and eight months.
I set a minimum term for eligibility for parole of 20 months. I declare under s18, 2 days of presentence detention. Had you not pleaded guilty, I would have imposed a sentence of five and a half years, with a minimum term of three years. I propose setting your disqualification period on licences from the date of offence ‑ ‑ ‑
MR HAMMILL: Yes Your Honour.
HIS HONOUR: I'm able to do that?
MR HAMMILL: Yes Your Honour.
HIS HONOUR: Yes, yes. You are disqualified from applying for any licence to drive a motor vehicle for 24 months, but from the date of offence, 2 June 2024. I find under s89C(1) of the Sentencing Act, at the time of offence, you were under the influence of alcohol; that contributed to the offending. Does that get recorded in the court extract, does it?
MR HAMMILL: Yes, I don't know, but ‑ ‑ ‑
HIS HONOUR: It may not, it may not, but I've found it.
MR HAMMILL: Yes.
HIS HONOUR: All right. Anything else I need to do or say?
MR HAMMILL: No.
HIS HONOUR: No. Mr Melenarave can be taken into custody now.