Man four times over limit breached AVO in crash that killed ex-partner
A judge has told a NSW District Court that if a man had not breached an apprehended domestic violence order (AVO) against his ex-partner, she would not have died.
Rolong Stanley has pleaded guilty to aggravated dangerous driving near Orange that caused the death of his former girlfriend Justine Hammond in February last year.
The Orange District Court heard at the 31-year-old's sentence hearing today that he was at least four times over the legal blood alcohol limit when he lost control of his Holden Rodeo, rolled it, and crashed into a tree.
Rolong Stanley lost control of the car before it flipped on its roof and smashed into a tree around this bend. (ABC News: Lani Oataway)
Ms Hammond, 42, had an AVO against Stanley since November 1, 2024, which was in force for two years.
Judge Penny Musgrave will also take into account that Stanley was driving an unregistered car with a defect notice, while he was disqualified from having a licence.
She told the court that the other offences linked to the main dangerous driving charge "placed pressure" on his sentence.
"Here we have a nuanced situation," she said.
"If he had complied with the AVO and not associated with the victim, if he had complied with the disqualification and not driven, this offence wouldn't have happened."
Justine Hammond had an AVO against Stanley at the time of her death. (Supplied: Facebook)
Drink driving following afternoon at apple orchard
Ms Hammond and Stanley were drinking cask wine together inside the ute at a large apple orchard on Canobolas Road at 2pm on Sunday, February 9 last year.
Almost three hours later, Stanley drove off with Ms Hammond in the passenger seat south along Lake Canobolas Road, according to the agreed facts.
The document characterised the route as an "unmarked roadway" in "poor condition," with "patchy bituminous material".
Flowers were laid at the site of the fatal crash on Lake Canobolas Road in Orange, NSW. (ABC News: Lani Oataway)
When Stanley took a slight right-hand turn, the tyres hit the grass nature strip.
He steered the car back onto the road before losing control and rotated the car clockwise.
It hit an embankment, rolled onto its roof and collided with a large tree.
Ms Hammond died at the scene from multiple injuries to her head, neck, chest, abdomen and upper limbs.
Stanley was extricated from the car by emergency services before he was flown to Westmead Hospital for further treatment.
Judge Musgrave said it was not only Ms Hammond who was put at risk by his actions.
"It's a Sunday afternoon on a day with clear weather," she said.
The speed limit along Lake Canobolas Road was 80 km/h at the time of the fatal crash, but has since been reduced to 70 km/h. (ABC News: Lani Oataway)
"You've got Lake Canobolas, vineyards, orchards, restaurants … those vineyards are in swing — full on.
"That is not a lightly used road; within five minutes of the accident, someone has already come across it."
Drinking 'major factor' in crash
A blood sample that was taken from Stanley while he was undergoing treatment at Westmead Hospital returned a blood alcohol limit (BAC) of 0.217 grams per 100ml.
That is more than four times the legal limit of 0.05, and above the threshold of a high range Prescribed Concentration of Alcohol (PCA) of 0.15.
The police investigation found his BAC was a "major contributory factor" in the circumstances of the collision, and ruled out the road's "poor" condition as an influence.
Crown prosecutor Craig Evans argued Stanley's moral blameworthiness, or whether he was responsible for wrongdoing, was "high or extremely high".
Police investigations found that the "poor, patchy bitumen" of Lake Canobolas Road was not a contributing factor to the crash. (ABC News: Lani Oataway)
He told the court the offender had two previous drink driving offences on his record.
"He shouldn't have been driving and he knew it,"
he said.
Public defender Ian Nash said he believed the offending fell within a mid-range of objective seriousness.
"I don't think I can sensibly say it's in the low range," he told the court.
He said Stanley wanted the court to know he was sorry for his actions, and that he felt "sad and heartbroken."
Stanley tried to turn this corner before he lost control of the ute. (ABC News: Lani Oataway)
Mr Nash asked Judge Musgrave to consider his "impoverished upbringing" in Vanuatu, and his social and cultural isolation while working to send money home to his family.
"He was and is a man who comes from another world in many respects,"
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