By Benjamin Millar
A Pentland Hills man has been jailed for nine years over the manslaughter death of a Werribee man following an aborted drug deal.
Damien Russell Janson, 32, must serve at least six years of his sentence after pleading guilty to manslaughter over the death of 23-year-old Jake Smith on May 20 last year.
The Supreme Court last month heard Janson was a front seat passenger in a ute when he grabbed the steering wheel and forced the vehicle to veer onto the wrong side of the road, directly into the path of Smith, who was riding a motorbike coming from the opposite direction.
The collision occurred about 10 minutes after an aborted drug transaction in Bacchus Marsh between Janson and Brodee Sutton, a friend of Smith.
Janson had met Sutton about six months earlier when they were both in prison. He repeatedly contacted Sutton in the week leading up to the death asking for MDMA.
Sutton eventually agreed to sell him an ounce of MDMA for $1200 and arranged to meet in Bacchus Marsh to complete the sale.
Sutton packaged up some kitty litter in a black plastic zip lock bag and travelled with Smith and some other friends via car and motorbikes to Bacchus Marsh.
The group met Janson and another friend at the 7-Eleven service station on Main Street in Bacchus Marsh then drove to another location about one kilometre along Main Street.
An argument broke out and Janson pulled out a screwdriver and Sutton drew a knife. Sutton drove off and Smith and another friend followed on their motorbikes.
Janson returned to his friend’s ute and they attempted to catch up with the other group, soon giving up the chase.
The two groups met up again a few minutes later on Woolpack Road in Maddingley, driving in opposite directions.
Janson grabbed the steering wheel and caused the ute to veer into Smith and his motorbike, throwing the victim about 20 metres into the bush.
Smith sustained extensive injuries from which he eventually died. Janson fled the scene but handed himself into police two days later.
He was initially charged with murder, but following negotiations with the prosecution pleaded guilty to manslaughter by unlawful and dangerous act after the murder charge was dropped.
Justice Elizabeth Hollingworth said she accepted Janson’s judgment may have been clouded by lack of sleep and ‘ice’ use over previous days, but those are not mitigating factors.
“Not only did you take Mr Smith’s life, your actions have also had a terrible effect on his family.”
