NHVL prosecution - DPP v Tuteru

The matter of DPP v Tuteru (No 4) [2024] VSC 80 was finalised on 6 March 2024, following a protracted prosecution.

Initially, in August 2020, Mr Tuteru was charged with four counts of manslaughter.? The case against him changed substantially since that time (e.g. five different indictments being presented, each containing different charges but all related to the same incident).

Mr Tuteru was ultimately prosecuted and sentenced for an offence under the Heavy Vehicle National Law (HVNL), namely, failing to comply with his duty as a person in the chain of responsibility for a heavy vehicle under section 26C of the HVNL, contrary to section 26F of the HVNL.?

The provisions under the HVNL require each party in the chain of responsibility for a heavy vehicle to ensure, so far as is reasonably practicable, the safety of the party’s transport activities and impose penalties for a person’s conduct that exposes an individual to a risk of death or serious injury if the person is reckless regarding that risk.

Facts

The incredibly tragic circumstances of this matter are well-known.

Mohinder Singh worked as a truck driver for Connect Logistics.? Mr Tuteru was his supervisor.

On the afternoon of 22 April 2020 Constable Glen Humphris, Senior Constable Kevin King, Constable Joshua Prestney and Leading Senior Constable Lynette Taylor were run down and killed when a 20 tonne truck driven by Mr Singh collided with 2 police cars and another car stopped in the emergency lane of the Eastern Freeway, near Melbourne.?

Mr Singh was affected by methylamphetamine and a lack of sleep at the time of the collision.? He fell asleep at the wheel and veered into the emergency lane where the four officers were undertaking a traffic stop.

The catastrophic consequences of allowing a person who is unfit to drive to operate a heavy vehicle were the deaths of the four officers.?

Mr Singh was charged with manslaughter and was sentenced to 22 years imprisonment – reduced to 18.5 years on appeal.

Offence

Mr Tuteru was sentenced for failing to comply with his duty under section 26C of the HVNL by engaging in conduct, without reasonable excuse, that exposed an individual or individuals to a risk of death or serious injury while being reckless as to that risk.

The deaths of 4 police officers were the consequences of that risk materialising.

The prosecution’s case (following several applications and a successful appeal by Mr Tuteru), was on the basis of foresight of a possibility of the relevant risk, rather than a probability.?

There is a fundamental difference between pleading guilty to a charge where it was known there was a probable danger of exposing an individual to a risk of death or serious injury and being reckless as to that risk, and the far less serious allegation that you knew it was possible there was such a danger and were reckless in that regard.

Sentence imposed

It is important to note that the deaths do not form part of any element of the offence for which Mr Tuteru was sentenced.? He was sentenced for exposing the victims the risk or death or serious injury.?

Justice Elliot imposed a community correction order which included unpaid community work condition of 200 hours over 3 years.

Reminder

The decision serves as a timely reminder for the heavy vehicle industry in Queensland.

The transition of Queensland heavy vehicle services from the Queensland Department of Transport and Main Roads (TMR) to the National Heavy Vehicle Regulator (NHVR) is to take effect on 20 April 2024.

TMR will continue to be directly responsible for delivering regulatory and compliance programs for several important services, including road manager functions

NHVR will be responsible for delivering heavy vehicle regulatory services, including on-road compliance and enforcement.