A Victorian man who inadvertently mowed down his former mistress’s new partner and murdered the man has been sentenced to more than six years in prison.
Bradley Andrew McStay, 35, hit Luke Price with his ute in Yannathan, near Lang Lang in the eastern part of the state, in the early hours of February 11, 2020.
McStay previously had an affair with Mr. Price’s girlfriend, but the woman broke off the relationship weeks before the fatal collision.
Angry and jealous, McStay was told by the Supreme Court and repeatedly tried to contact the woman, though she rejected him.
On the evening of February 10, the woman and Mr. Price attempted to evade McStay after he told her he was coming to see her.
The couple and two others exited a property in eastern Victoria in a sedan, but McStay followed, chasing the group erratically at high speeds for about 12 miles.
The sedan finally stopped on Heads Road in Yannathan, and Mr. Price began to exit the vehicle from the right passenger side.
McStay also slowed his ute as he got next to the sedan, but he wedged the vehicle and hit Mr. Price, causing the 34-year-old to fall onto the hood of the ute and under the car.
Mr. Price was dragged about 58 meters under the car before falling under a tire and being fatally injured.
McStay continued for about 250 yards before stopping his car. He made no effort to check Mr. Price’s condition or call triple zero.
In his sentencing comments on Tuesday, Judge Michael Croucher said he accepted that McStay had no intention of hitting the sedan or Mr. Price but should have stopped when he realized the 34-year-old had been run over.
Judge Croucher said that while Mr. Price decided to exit the car, McStay prompted him to follow the sedan erratically.
The judge noted that Mr. Price’s family and friends continue to experience deep grief and anger over his death, and no punishment would reflect the value of Mr. Price’s life.
But Judge Croucher said he had to reckon with McStay’s apparent remorse, his “excellent” prospects for rehabilitation, and his irrelevant criminal past.
Justice Croucher also noted that McStay had made an early plea to guilty driving resulting in death.
McStay was sentenced to six years and six months in prison, with a non-parole period of three and six months.
His pre-trial detention of 311 days was considered already served.
If he pleaded not guilty, McStay would have been sentenced to eight years and six months in prison, with a five-year, six-month unconditional period.