Death Of Mr Reg Thornton

About this Item
Speakers - Hartcher Mr Chris; Aquilina Mr John
Business - Private Members Statements, Condolence

DEATH OF Mr REG THORNTON

Mr HARTCHER (Gosford) [5.59]: On 1 November 1995 a 1910 antique Scat car, being driven by a Mr Len Pellew and carrying a passenger named Mr Reg Thornton, was rammed from behind by a Holden Commodore being driven by a young Sydney man. As a result of the accident Mr Thornton was thrown from the car. He hit his head and was killed. The driver of the other car was charged with culpable driving causing death and on 13 June 1996 appeared in the District Court at Wollongong, where he pleaded guilty to the charge. It was established during the hearing that the convicted man had had 17 convictions since he obtained his licence in 1983, that his licence had been cancelled four times and that at the time of the accident he was driving on a cancelled licence. The prisoner is aged 29 years. The judge imposed a sentence of 18 months periodic detention.

The widow of Mr Reg Thornton has requested that I raise this matter in the Parliament and seek the intervention of the Attorney General to establish whether an appeal could be lodged by the Director of Public Prosecutions against that sentence on the grounds of its lack of severity. That a human life has been so tragically taken away is wrong, but that the convicted person should, given his extraordinary driving record, receive such a sentence - which Mrs Thornton regards as lenient - is a further injustice to Mrs Thornton and to many other people who are concerned with the maintenance of law and order in this State. Mrs Thornton is devastated by the loss of her husband of 50 years, who had been a driver for 47 years and had long been involved in the maintenance of antique cars. Mr Thornton in his years of retirement had indulged his hobby of driving antique cars around New South Wales.

Page 4321

Mrs Thornton points out that not only has she lost her friend of 50 years of marriage, which was to her a wonderful partnership, but she does not drive and her family is scattered across New South Wales. Mrs Thornton has only two sons and the loss of her husband has greatly restricted her access to her family. Mrs Thornton does not seek vengeance; she seeks justice. She is seeking a review by the Attorney General of this case to establish whether the Director of Public Prosecutions should appeal against the sentence. I would like to share with the House Mrs Thornton's final tribute to her husband:

To Reg

To see a human being reveal exceptional qualities, one must be able to observe his activities over many years. If the idea motivating them is unique in its magnanimity; if it is quite certain he has never looked for any reward, and if in addition he has left visible traces on the world, then one must state, without fear or error, that one is in the presence of an unforgettable character.

May God bless him. We will meet again.

It is an ongoing concern in this State that justice should not only be done but should be seen to be done. It is not for us to query the decision that is reached in every court, or to question the wisdom of the judiciary. But there are times when it is appropriate to review decisions that have been made by the courts. It has been pointed out that the day the judge imposed the sentence he had an extremely heavy workload; something like 18 cases had to be disposed of that day. It would have been extremely difficult for the judge to grasp the enormity of the consequences of this tragic motor vehicle accident for the family of the victim. If all members of the House accept the fact that the interests of the victims should be taken into account when sentences are imposed, this is one case in which that principle has gone off the rails. I am not asking for vengeance. I am simply asking for justice for Mr Thornton's widow and for her family and to have this case reviewed by the Attorney General with the view to a direction to the Director of Public Prosecutions to appeal against the sentence.

Mr AQUILINA (Riverstone - Minister for Education and Training, and Minister Assisting the Premier on Youth Affairs) [6.04]: I have listened with concern to the comments of the honourable member for Gosford and I acknowledge the tempered way in which he presented this tragic case. Issues such as this are never easy, and it is very difficult for us as members of Parliament to know all of the circumstances surrounding a particular case and to understand why a judge may arrive at a particular decision. However, I am sure that the Attorney General, who is very humane and caring, will note the comments made by the honourable member for Gosford and undertake to investigate this matter further with him. I am not sure whether the honourable member for Gosford has already communicated some of his concerns to the Attorney General by way of correspondence. If that is not the case I am sure that the honourable member for Gosford will be pleased to follow up the representations he has made in the Chamber today directly with the Attorney General to seek a positive response from him.

Last modified 05/12/2007 16:33:40 : Update this page