MILDURA APPEAL DENIED

  From THE HERALD SUN

Shelley Hadfield
November 21, 2008 02:56pm

MILDURA crash driver Thomas Towle will have to serve his

full jail term after his leave to appeal against its severity was

dismissed today.

Court of Appeal Justice Mark Weinberg said Towles lawyers had

failed to identify any errors in the minimum seven-year sentence which

could be reasonably be argued on an appeal.

He said sentencing Justice Philip Cummins categorisation of Towles

offending as in the worst category was "entirely apt".

Towle, 37, crashed his car into a group of teenagers attending a party

in February 2006, killing six.

Justice Weinberg said the sentencing judge had also correctly

calculated how the jail term Towle received on each count should be

added up.

"If ever there was a case which warranted significant cumulation it was

this case," he said.

Earlier, Michael Croucher, for Towle, said the 10-year jail term (with a

minimum of seven) was excessive, his client had been doubly punished

in calculating the totality of the sentence and the judge had made

findings of fact inconsistent with the jury verdict.

Mr Croucher argued while each victim deserved recognition in the

individual sentences imposed there had been too much cumulation

between the six counts of dangerous driving causing death and the four

of dangerous driving causing serious injury.

"His Honour of course had a difficult sentencing task - one of the most

difficult - but in the end His Honour was in error in keeping on

cumulating," he said.

Towle, 37, was jailed for at least seven years in March after being

found guilty over the crash.

The six teenagers killed were Shane Hirst, 16, Abby Hirst, 17,

Stevie-Lee Weight, 15, Cory Dowling, 16, Cassandra Manners, 16,

and Josie Calvi, 16.