Lance O’Brien, 30, of Nathalia, applied for bail in the Melbourne Magistrates’ Court on Thursday, November 6, the same day he was charged over at fatal crash at Kaarimba in October.
Mr O’Brien has been charged with culpable driving causing death, driving in a dangerous manner causing death, driving in a dangerous manner, careless driving, drink-driving, drug driving, driving in breach of a licence condition, committing an indictable offence while on bail, and contravening a bail condition.
The charges come after a crash that killed a 45-year-old Nathalia woman on Barmah-Shepparton Rd on October 2.
The court heard he crossed on to the wrong side of the road and collided with a car coming in the opposite direction, killing a mother-of-four.
Mr O’Brien appeared in court by video link from a Melbourne hospital bed, where he has been since the crash.
The court also heard Mr O’Brien had been on appeal bail at the time of the crash, applying for bail after appealing a one year and nine-month sentence from June 30 for charges including driving on a suspended licence, intentionally causing injury, intentionally damaging property and stating a false name and address.
He also has several outstanding police matters since then, with allegations including making a threat to kill, choking a person and unlawful assault.
Mr O’Brien’s defence counsel asked that his client be bailed, saying he was a First Nations person, and he had significant injuries from the crash.
He said he would remain in hospital due to a lack of mobility and may require further treatment for his injuries.
He also argued about delays in the case, saying that at this stage, Mr O’Brien intended to contest the charges against him.
While magistrate Brett Sonnet accepted Mr O’Brien suffered significant injuries, he also said a person had died in the crash.
“When others arrive you say ‘I’m an idiot, I’m a f****** idiot’, Mr Sonnet said.
“Your client is found, in my words, as drunk as a skunk and off his face (on drugs).”
“He was on appeal bail, and he was also on other charges.”
Mr Sonnet, who used to be a prosecutor, said of the hundreds of cases he had prosecuted in his time, this was “one of the strongest I’ve seen”.
In refusing Mr O’Brien bail, Mr Sonnet said it was “deeply disturbing that he was released on appeal bail and had gone on to offend” including “killing an innocent person”.
Mr Sonnet said Mr O’Brien was “likely to commit further offences” if he was released on bail.
The case will next appear in Shepparton Magistrates’ Court in February for a committal mention.
