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'Horrific ordeal' driver could serve less than a year

Tim Edmunds, ALBANY ADVERTISERAlbany Advertiser

An Albany father who threatened to kill his family as he drove at speeds up to 240km/h after drinking 30 beers, then crashed the car causing life-threatening injuries to his partner, could be out of jail in just over a year.

Austin Luke Mowaljarlai was jailed for three years and 10 months in Albany District Court on Monday for the horrific crash between Gnowangerup and Albany in November last year, where his 11-year-old son, partner and her cousin were seriously injured.

The 29-year-old father, who did not have a licence and had also been smoking cannabis, forced his family into the car in an "enraged and aggressive state" after a funeral in Gnowangerup on November 20.

He reached speeds of between 180km/h and 240km/h while threatening to kill his son, his partner of 13 years and her cousin by stating "you will die with me tonight, I am going to kill you", the court was told.

The trip, described as a "horrific ordeal" by Judge Simon Stone, continued for an hour on wet roads before the crash 50km from Albany.

Attempting to turn right at an estimated 180km/h, Mowaljarlai lost control of the car, which over steered and skidded across both lanes and rolled for 80m, crashing through trees before coming to a rest.

His partner had to be cut from the car and suffered life-threatening injuries and required surgeries to correct pelvic, arm and leg fractures, while her cousin experienced severe bruising to her back, chest and arm.

Mowaljarlai later recorded a blood alcohol reading of 0.099 per cent.

Less than a month later, he was arrested on North Road for again driving without a licence and drink driving.

Defence lawyer Richard Hickson said Mowaljarlai had pleaded guilty early to all charges, including aggravated dangerous driving causing grievous bodily harm, dangerous driving causing bodily harm, three counts of threats to kill, two counts of driving without a licence, and driving in excess of 0.08 and in excess of 0.05.

Mr Hickson said his client did not have the intention of deliberately having an accident.

In sentencing, Judge Stone accused Mowaljarlai of showing "contempt to the law" by drink driving without a licence days later, and described his offending as persistent, deliberate and a gross breach of trust.

"It was a frightening and horrific ordeal given the nature of the threats," he said. "You strike me as a very selfish and cruel man. The passengers were vulnerable.

"They were terrifying speeds over a fairly long distance. You drove for one hour with intention to frighten. You drove at almost double the legal limit and with two minors in the car."

The court heard Mowaljarlai had been in custody since December and had demonstrated remorse in a pre-sentence report.

Judge Stone jailed Mowaljarlai for a total of three years and 10 months but backdated the sentence to December, meaning he will be eligible for parole in 16 months' time.

His licence was also disqualified for a further four years.

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