County Court Judge Jeanette Morrish sentenced Oudom Doeun to 12 years and nine months imprisonment on Friday, 20 September.
The Cambodian national had earlier pleaded guilty to two charges of culpable driving causing death and one charge of recklessly causing injury.
On the evening of May 15, 2023, Santosh Adhikari and Pratima Thapa Adhikari lost their lives after a BMW Doeun was driving hit the couple’s car at an intersection in Caulfield South.
A screengrab taken from supplied CCTV footage obtained on Monday, July 8, 2024, of Oudom Doeun's BMW speeding down North Road in Caulfield South on May 15, 2023, as it hits a Honda and kills the car's two occupants. Source: AAP / SUPPLIED BY COUNTY COURT OF VICTORIA/PR IMAGE
The BMW was travelling at 190km/h five seconds before the crash and 213km/h one second before, on a stretch of road where the speed limit is 70km/h.
Judge Morrish said the traffic light had turned red about six seconds before the BMW entered the intersection and no mechanical fault contributed to the collision.
The force of the impact caused the couple’s vehicle to roll multiple times, leading to their death on the scene.
Doeun had a blood alcohol reading of 0.016 and did not have an Australian driver’s licence at the time.
Santosh’s cousin, Puskal Bhusal, who was at the sentencing on Friday, said that no amount of punishment can provide relief to their families back in Nepal.
Puskal Bhusal (centre) speaks to media outside of the County Court of Victoria in Melbourne, Friday, September 20, 2024. Source: AAP / JAMES ROSS/AAPIMAGE
“Santosh and Pratima had a bright future ahead of them. It was the wrong person at the wrong time.”
No matter how long the punishment is, we don’t feel like it is enough. For us, it is like a lifelong punishment.Puskal Bhusal, Melbourne
Financial support for family back home
Puskal Bhusal said Santosh and Pratima had been assisting their families back home with finances.
Bhusal said it is a struggle corresponding with lawyers to get help with the financial compensation.
“It seems like there aren’t enough legal practitioners within the Nepali community who can assist well,” he said.
Because our case is quite complex, Nepali lawyers are not really willing to take up our case. This is especially because it involves the TAC.Puskal Bhusal, Melbourne
The Victorian Transport and Accident Commission (TAC) is a no-fault CTP insurer.
The TAC supports Victorians injured in transport accidents, regardless of who caused it.
Speaking to SBS's series, Damien Poel, former TAC Head of Complex Recovery & Serious Injury, said the commission pays for for things like GP or specialist services.
“We pay for things like GP or specialist services, hospital services diagnostic services those sorts of things, but equally things like we have services like physiotherapy, psych (psychiatric therapy), return to work supports, personal care services, like gardening and cleaning, income replacement and then also compensation,” he said.
Doeun is to serve a minimum of eight years in jail before being eligible for parole. He has already served 74 days.
The 25-year-old was on bail after the collision and has not driven or returned to paid work since, instead becoming a full-time volunteer at an aged-care facility.
After serving his sentence he is likely to be deported back to Cambodia.
