Truckie's Sentence Reduced On Appeal

Newcastle Herald

Friday March 14, 2008

By DAN PROUDMAN

A DRUG-affected truck driver who killed his pregnant girlfriend in an horrific Hunter Valley accident has had his jail term reduced after appeal judges found his despair and depression over losing his partner had not been "appropriately reflected" in the sentence.

James Allan Hughes had been facing at least three years behind bars after he pleaded guilty to dangerous driving causing the death of Karissa Ann Cook on the New England Highway, Aberdeen, on August 22, 2005.

But Hughes, 24, of Tamworth, will now be eligible for release in December after the Court of Criminal Appeal reduced the non-parole period to two years.

In reducing the sentence, Justice Michael Grove said there were certain elements, including his continued remorse over the death, that showed that the maximum sentence of four years and six months was excessive.

Hughes was driving a prime mover from Sydney to Brisbane, with Ms Cook in the passenger seat, when it struck a large concrete lane-separating barrier at the known black spot called the Halcombe Hill bends.

The rig overturned onto its passenger side and although Hughes escaped with minor injuries, his girlfriend was trapped.

Despite frantic attempts to pull her out, Ms Cook died when the rig caught alight.

Hughes had consumed cannabis, possibly during a stop at Freemans Waterhole, and the drug would have impaired his driving, the court heard.

Although Ms Cook, 18, was three months pregnant, Hughes was unaware of the pregnancy.

© 2008 Newcastle Herald

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