Young Driver Imprisoned After Breaching Suspended Sentence for Fatal Derby Crash
A young motorist who was initially granted a suspended jail term after fatally striking a pedestrian while under the influence of drugs and alcohol in Western Australia's north has now been sent to prison. The driver, Montana Robyn Jorgie Xavier, breached the conditions of her sentence, leading to her incarceration this week.
Details of the Tragic Incident
The incident occurred on the night of December 6, 2023, in Derby. Xavier, who was 19 years old at the time, hit a 45-year-old female pedestrian on Jetty Road. The victim sustained critical injuries and tragically died at the scene. Initially, Xavier faced a manslaughter charge, but in 2024, she pleaded guilty to dangerous driving occasioning death under the influence of alcohol and drugs. Prosecutors determined this was the most appropriate charge to proceed with in the case.
Initial Sentence and Subsequent Breaches
In March of last year, Xavier, now 22, received a two-year term of imprisonment, which was conditionally suspended for 18 months. However, she subsequently violated the conditions of this suspended sentence. The breaches included reoffending by contravening a family violence restraining order and possessing 10 tablets of LSD. Additionally, District Court Judge Gary Massey noted that Xavier failed to attend Kimberley Mental Health and Drug Services as directed and was using methylamphetamine.
Judge Massey emphasized the seriousness of these breaches, stating, "The law is that I have to order that you serve the two-year term I imposed unless circumstances ... would make it unjust to do so." He further commented on Xavier's lack of compliance, saying, "You continue to be unaware of the importance of complying with the orders. Your referrals for interventions have been closed because of your non-engagement."
Judge's Decision and Final Sentencing
Despite the breaches, Judge Massey considered mitigating factors before delivering the final sentence. He acknowledged that Xavier had complied positively with her conditions early on, spent 15 days in custody, is still very young, and has a trauma-marred upbringing. These factors led him to conclude that serving the full two-year term would be unjust.
Ultimately, Judge Massey decided that imprisonment was necessary, stating, "Ultimately there is no option but to order that you spend some time in custody." He sentenced Xavier to ten months' imprisonment, making her eligible for parole. This decision underscores the balance between accountability for her actions and consideration of her personal circumstances.
The case highlights the legal consequences of breaching court orders and the ongoing challenges in addressing dangerous driving incidents in regional Western Australia. It serves as a stark reminder of the importance of adhering to judicial conditions and the severe outcomes when such terms are violated.
