A Victorian L-plater who "left a trail of blood and torn clothing" after dragging a man under his car for 80 metres, and then leaving him for dead, has been jailed.
Floyd Hennessy, 22, was ordered by the Victorian Supreme Court to spend seven years behind bars over the death of Peter Stojanovic at Dingley Village, in Melbourne's south-eastern suburbs, just days before Christmas in 2019.
Hennessy was behind the wheel of the car when Mr Stojanovic, 53, was pulled beneath it.
Hennessy's friend Brandon Cummings, 20, who was in the passenger seat, was today given a three-year community based order, and must also complete 250 hours of unpaid work.
"Your offending was serious and a man has lost his life," Justice Amanda Fox said.
With time served, Hennessy will be eligible for parole in less than four years.
Victim had 'heart of gold', says partner
The court today heard about the profound and devastating impact the crime had on Janine Weiss, Mr Stojanovic's partner.
"She never got to say goodbye or hold him before he died," Justice Fox said.
"During the lockdowns ... she spent much of her time alone with her grief."
Ms Weiss said the sentence was "never enough".
"They've ruined my life," Ms Weiss said.
"He had a heart of gold, I adored him. Nothing will bring Pete back."
Victim jumped on the bonnet of car
On December 20, 2019, Hennessy and Cummings were at Toorak Drive in Dingley Village where they were looking in parked cars for things to steal.
They were spotted by Mr Stojanovic, who was attending a nearby party and saw them on a security camera.
CCTV captured the 53-year-old running towards Hennessy's car and jumping onto the bonnet, just as Hennessy entered the vehicle.
"I accept Mr Stojanovic was angry," Justice Fox said.
"I accept the victim's choice to jump onto the bonnet of your stationary vehicle and in that moment, he displayed some recklessness as to his own safety," she said.
"I do accept that it was the victim's behaviour, that is jumping aggressively onto the bonnet, that led both of you to have engaged in this offending. You both panicked and were concerned to escape what you perceived as a threat to yourselves.
"In your records of interview, you both independently describe the victim as going ballistic, going crazy and holding onto the roof racks."
The court heard that Hennessy quickly accelerated, causing Mr Stojanovic to tumble up the windscreen, onto the roof where he grabbed the car's roof racks.
Cummings, from the passenger seat, told his mate to "fishtail" and "shake the car".
Hennessy later told investigators that he was "punching" his brakes.
Witnesses later reported screaming and skidding noises, and saw Mr Stojanovic gripping the roof of the car as it reversed backwards down Toorak Drive.
As the two young men approached the intersection of Spring Road, Mr Stojanovic lost his grip, fell and was pulled beneath the car.
The court previously heard that the 53-year-old was dragged for about 80 metres and left a "trail of blood and torn clothing" before he became dislodged.
Hennessy and Cummings then drove off, leaving their victim for dead.
"The starting point, Mr Hennessy, is that you are solely responsible for the manner of your driving and the manner of your driving was the sole cause of the death of Mr Stojanovic," Justice Fox said.
The duo later dumped the car and called a ride-share.
At the time, Hennessy was on his L-plates.
"There is no suggestion however that you intended or wanted any harm to come to him," Justice Fox said.
Judge says Hennessy lacking remorse
Both men were initially accused of manslaughter before the charge was downgraded.
Hennessy pleaded guilty to culpable driving causing death while Cummings pleaded guilty to reckless conduct endangering life.
Justice Fox today said that there was little evidence of Hennessy's remorse other than his guilty plea.
But she accepted that his accomplice, Cummings, was "genuinely remorseful" for his actions.
She told the court that Cummings gave prosecutors the evidence they needed to convict him.
"This is a very significant matter in your favour and mitigates any sentence I will impose.
"I also consider it important that you receive a real discount in order to encourage others to cooperate with authorities."
