TRAGEDY: Goodna crash victims Nicholas Saxby, Brittany Bramwell and Matthew Prior. Source: The Courier-Mail
A MAN who killed three teenagers in a sickening crash on their way home from Dreamworld will serve 80 per cent of an increased 10-year jail sentence after the crime was declared a "serious violent offence" by the Court of Appeal.
Ipswich teenagers Brittany Bramwell, 17, Matthew Prior, 18, and Nicholas Saxby, 16, were driving home from an evening at the Gold Coast theme park's night-time drawcard 'Screamworld' when their car was wiped out in a crash at a Goodna intersection at 11pm on April 8, 2011.
Ipswich District Court Judge Sarah Bradley last year sentenced Michael Daniel Henderson, 35, to seven-and-a-half years jail for running two red lights, ramming another car twice and "using his car as a weapon'' in the moments before he T-boned the teenagers' car at high speed and fled the Goodna crash scene.
Henderson was eligible for parole release on February 15, 2015, after serving one-third of the jail term.
But the sentence Henderson received for dangerous operation of a vehicle causing death was overturned by the Court of Appeal on Thursday and increased from seven-and-a-half years to 10 years.
In a written judgment, Justice John Muir, Justice Margaret Wilson and Justice James Douglas declared the crime was a serious violent offence, meaning that Henderson would be required by legislation to serve 80 per cent of the sentence.
JAILED: Michael Henderson at Ipswich Courthouse. Picture: Mark Calleja
Justice Wilson said the previous sentence "manifestly failed to reflect the overall criminality of the respondent’s conduct".
"It is only in an exceptional case that this Court will intervene to increase a sentence to a level higher than that sought by the prosecutor at first instance,’’ she said in the judgment.
"However, the ultimate responsibility for the imposition of an appropriate sentence rests with the sentencing judge rather than the prosecutor, and this Court will intervene where the sentencing judge failed to appreciate the seriousness of the offending or it is necessary to maintain public confidence in the administration of justice."
Justice Wilson said Henderson’s was "an extremely dangerous case of dangerous driving" that had "catastrophic consequences".
Matthew and Brittany died at the scene, at the corner of Bertha St and Brisbane Rd, and Nicholas died later in Princess Alexandra Hospital.
TRAGEDY: Grieving family and friends console each other at Ipswich Court House. Picture: Mark Calleja
The car was driven by Brittany's boyfriend of two years, Alex Mayfield, 17. He suffered serious life-threatening injuries, including fractured ribs and ruptured internal organs, but survived.
At the sentencing in Ipswich, Prosecutor Caroline Marco said Henderson had been drinking with friends when he got into a fight at a house on Bertha St which escalated and led to him ramming another man's car twice before giving chase at speeds of 85 to 95km/h.
She said Henderson pulled into oncoming traffic on Bertha St, forcing another motorist to run a red light to escape being hit by his car.
Henderson ran from police twice after fleeing the crash scene while others stopped to help the injured teenagers.
He was not apprehended until 11.40pm and then behaved "belligerently'' towards police, Ms Marco said.
Henderson's driver's licence had been suspended on October 11, 2010, for speeding offences.
Defence lawyer Steve Kissick said at the time that his client had not showed "callous disregard'' by fleeing the crash site.
Mr Kissick said Henderson was both highly remorseful and deeply saddened.
The court was told Henderson was the eldest of 13 children, was in foster care as a child, grappled with a heroin addiction and had three young children of his own.
Henderson was also sentenced for assaulting his ex-partner on April 4, 2010. He was on bail over the incident when the crash took place.
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