
'Extreme inattention': deadly driver sent 44 Snapchats
Peter Agius sent 44 Snapchats while driving just 12 kilometres, at 100km/h down a busy Victorian country road.
He received 41 replies, including one 20 seconds before the deadly crash.
His victim, Adam Sutton, had just picked his six-year-old son up from school when they were struck by Agius' vehicle, in January 2023.
Mr Sutton died at the scene, while his son was taken to hospital with critical injuries and left with a permanent brain injury.
County Court Judge Kevin Doyle labelled Agius' offending as "extreme inattention" as he threw him behind bars for at least six years on Thursday.
"A life was lost and a young child's life has been damaged by your actions," the judge told Agius, aged 23, who cried upon learning his fate.
Agius had fought the two charges, of culpable driving causing death and negligently causing serious injury, at a jury trial in regional Victoria.
He claimed to have dropped his sunglasses while driving, and looked down to pick them up, when the crash occurred.
His lawyers argued Agius should be convicted of dangerous driving causing death and serious injury, not the more serious charges.
But prosecutors argued Agius was not paying attention to the road because he was sending and receiving dozens of Snapchat messages while driving, which was grossly negligent behaviour.
Analysis of Agius' phone revealed he sent and received 85 Snapchat messages while driving about 12 kilometres from his worksite to the crash scene, at the intersection of Traralgon-Maffra and Farmers roads in Glengarry.
A jury ultimately convicted Agius of the culpable and negligent driving charges in April 2025.
Judge Doyle said Agius was "an accident waiting to happen" and would have seen Mr Sutton waiting to turn right if he was paying attention.
"The duty of every driver is to pay proper attention to the road - you didn't do that," he said.
Agius had a history of dangerous driving, including a fine and loss of licence for dangerous driving while being pursued by police in 2022.
In 2020, he was ordered to undertake a road trauma awareness course for careless driving.
And in February 2024, he was caught driving while on bail for the offending which caused Mr Sutton's death, after he had been banned.
"Twice before this catastrophic collision, you had engaged in incredibly stupid driving offences," the judge said.
"You should have understood the basic duties of driving from these experiences, but you did not."
Mr Sutton's loved ones told the court he was "deeply loved as a husband, father, son, brother and friend to many people", Judge Doyle said.
Leanne Sutton said 1000 people attended her son's funeral, with 2000 watching online, and his death left "an enormous void" in the lives of all who knew him.
His father, Ray Sutton, said the pain and distress caused by Adam's death was "indescribable" and not a day went by that he did not think about "the life sentence we've been given".
Agius was jailed for a maximum of nine years and eight months, and has served 122 days of that sentence.
He will be eligible for parole after serving six years.
A young man had his head buried in his phone, when he looked up he had killed a beloved father and injured his son.
Peter Agius sent 44 Snapchats while driving just 12 kilometres, at 100km/h down a busy Victorian country road.
He received 41 replies, including one 20 seconds before the deadly crash.
His victim, Adam Sutton, had just picked his six-year-old son up from school when they were struck by Agius' vehicle, in January 2023.
Mr Sutton died at the scene, while his son was taken to hospital with critical injuries and left with a permanent brain injury.
County Court Judge Kevin Doyle labelled Agius' offending as "extreme inattention" as he threw him behind bars for at least six years on Thursday.
"A life was lost and a young child's life has been damaged by your actions," the judge told Agius, aged 23, who cried upon learning his fate.
Agius had fought the two charges, of culpable driving causing death and negligently causing serious injury, at a jury trial in regional Victoria.
He claimed to have dropped his sunglasses while driving, and looked down to pick them up, when the crash occurred.
His lawyers argued Agius should be convicted of dangerous driving causing death and serious injury, not the more serious charges.
But prosecutors argued Agius was not paying attention to the road because he was sending and receiving dozens of Snapchat messages while driving, which was grossly negligent behaviour.
Analysis of Agius' phone revealed he sent and received 85 Snapchat messages while driving about 12 kilometres from his worksite to the crash scene, at the intersection of Traralgon-Maffra and Farmers roads in Glengarry.
A jury ultimately convicted Agius of the culpable and negligent driving charges in April 2025.
Judge Doyle said Agius was "an accident waiting to happen" and would have seen Mr Sutton waiting to turn right if he was paying attention.
"The duty of every driver is to pay proper attention to the road - you didn't do that," he said.
Agius had a history of dangerous driving, including a fine and loss of licence for dangerous driving while being pursued by police in 2022.
In 2020, he was ordered to undertake a road trauma awareness course for careless driving.
And in February 2024, he was caught driving while on bail for the offending which caused Mr Sutton's death, after he had been banned.
"Twice before this catastrophic collision, you had engaged in incredibly stupid driving offences," the judge said.
"You should have understood the basic duties of driving from these experiences, but you did not."
Mr Sutton's loved ones told the court he was "deeply loved as a husband, father, son, brother and friend to many people", Judge Doyle said.
Leanne Sutton said 1000 people attended her son's funeral, with 2000 watching online, and his death left "an enormous void" in the lives of all who knew him.
His father, Ray Sutton, said the pain and distress caused by Adam's death was "indescribable" and not a day went by that he did not think about "the life sentence we've been given".
Agius was jailed for a maximum of nine years and eight months, and has served 122 days of that sentence.
He will be eligible for parole after serving six years.
A young man had his head buried in his phone, when he looked up he had killed a beloved father and injured his son.
Peter Agius sent 44 Snapchats while driving just 12 kilometres, at 100km/h down a busy Victorian country road.
He received 41 replies, including one 20 seconds before the deadly crash.
His victim, Adam Sutton, had just picked his six-year-old son up from school when they were struck by Agius' vehicle, in January 2023.
Mr Sutton died at the scene, while his son was taken to hospital with critical injuries and left with a permanent brain injury.
County Court Judge Kevin Doyle labelled Agius' offending as "extreme inattention" as he threw him behind bars for at least six years on Thursday.
"A life was lost and a young child's life has been damaged by your actions," the judge told Agius, aged 23, who cried upon learning his fate.
Agius had fought the two charges, of culpable driving causing death and negligently causing serious injury, at a jury trial in regional Victoria.
He claimed to have dropped his sunglasses while driving, and looked down to pick them up, when the crash occurred.
His lawyers argued Agius should be convicted of dangerous driving causing death and serious injury, not the more serious charges.
But prosecutors argued Agius was not paying attention to the road because he was sending and receiving dozens of Snapchat messages while driving, which was grossly negligent behaviour.
Analysis of Agius' phone revealed he sent and received 85 Snapchat messages while driving about 12 kilometres from his worksite to the crash scene, at the intersection of Traralgon-Maffra and Farmers roads in Glengarry.
A jury ultimately convicted Agius of the culpable and negligent driving charges in April 2025.
Judge Doyle said Agius was "an accident waiting to happen" and would have seen Mr Sutton waiting to turn right if he was paying attention.
"The duty of every driver is to pay proper attention to the road - you didn't do that," he said.
Agius had a history of dangerous driving, including a fine and loss of licence for dangerous driving while being pursued by police in 2022.
In 2020, he was ordered to undertake a road trauma awareness course for careless driving.
And in February 2024, he was caught driving while on bail for the offending which caused Mr Sutton's death, after he had been banned.
"Twice before this catastrophic collision, you had engaged in incredibly stupid driving offences," the judge said.
"You should have understood the basic duties of driving from these experiences, but you did not."
Mr Sutton's loved ones told the court he was "deeply loved as a husband, father, son, brother and friend to many people", Judge Doyle said.
Leanne Sutton said 1000 people attended her son's funeral, with 2000 watching online, and his death left "an enormous void" in the lives of all who knew him.
His father, Ray Sutton, said the pain and distress caused by Adam's death was "indescribable" and not a day went by that he did not think about "the life sentence we've been given".
Agius was jailed for a maximum of nine years and eight months, and has served 122 days of that sentence.
He will be eligible for parole after serving six years.
A young man had his head buried in his phone, when he looked up he had killed a beloved father and injured his son.
Peter Agius sent 44 Snapchats while driving just 12 kilometres, at 100km/h down a busy Victorian country road.
He received 41 replies, including one 20 seconds before the deadly crash.
His victim, Adam Sutton, had just picked his six-year-old son up from school when they were struck by Agius' vehicle, in January 2023.
Mr Sutton died at the scene, while his son was taken to hospital with critical injuries and left with a permanent brain injury.
County Court Judge Kevin Doyle labelled Agius' offending as "extreme inattention" as he threw him behind bars for at least six years on Thursday.
"A life was lost and a young child's life has been damaged by your actions," the judge told Agius, aged 23, who cried upon learning his fate.
Agius had fought the two charges, of culpable driving causing death and negligently causing serious injury, at a jury trial in regional Victoria.
He claimed to have dropped his sunglasses while driving, and looked down to pick them up, when the crash occurred.
His lawyers argued Agius should be convicted of dangerous driving causing death and serious injury, not the more serious charges.
But prosecutors argued Agius was not paying attention to the road because he was sending and receiving dozens of Snapchat messages while driving, which was grossly negligent behaviour.
Analysis of Agius' phone revealed he sent and received 85 Snapchat messages while driving about 12 kilometres from his worksite to the crash scene, at the intersection of Traralgon-Maffra and Farmers roads in Glengarry.
A jury ultimately convicted Agius of the culpable and negligent driving charges in April 2025.
Judge Doyle said Agius was "an accident waiting to happen" and would have seen Mr Sutton waiting to turn right if he was paying attention.
"The duty of every driver is to pay proper attention to the road - you didn't do that," he said.
Agius had a history of dangerous driving, including a fine and loss of licence for dangerous driving while being pursued by police in 2022.
In 2020, he was ordered to undertake a road trauma awareness course for careless driving.
And in February 2024, he was caught driving while on bail for the offending which caused Mr Sutton's death, after he had been banned.
"Twice before this catastrophic collision, you had engaged in incredibly stupid driving offences," the judge said.
"You should have understood the basic duties of driving from these experiences, but you did not."
Mr Sutton's loved ones told the court he was "deeply loved as a husband, father, son, brother and friend to many people", Judge Doyle said.
Leanne Sutton said 1000 people attended her son's funeral, with 2000 watching online, and his death left "an enormous void" in the lives of all who knew him.
His father, Ray Sutton, said the pain and distress caused by Adam's death was "indescribable" and not a day went by that he did not think about "the life sentence we've been given".
Agius was jailed for a maximum of nine years and eight months, and has served 122 days of that sentence.
He will be eligible for parole after serving six years.
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7 hours ago
- The Advertiser
'Doesn't bring her back': death in custody preventable
An Aboriginal woman's newborn baby was ripped from her arms soon after giving birth while in prison. But Heather Calgaret was not given any mental health support after this traumatic event. Over the next two years behind bars, the mother-of-four became obese, developed type 2 diabetes and suffered depression before being denied parole. She died in custody in November 2021 after given an inappropriately prescribed injectable opioid substitution. Countless missed opportunities to prevent the 30-year-old's death in custody were outlined by a coroner on Monday, as her family and supporters filled the courtroom. "Not only was her passing preventable, she should never have passed in the manner that she did," Victorian coroner Sarah Gebert said as she delivered a 300-page finding. The proud Yamatji, Noongar, Wongi and Pitjantjatjara woman had been six months' pregnant when she arrived at Dame Phyllis Frost women's prison in July 2019. The removal of her baby girl just after giving birth, because she had been denied access to the prison's Living with Mum program, was a "pivotal" moment, the coroner found. "Heather had her other children removed ... and her family had been affected by the Stolen Generation," Ms Gebert said. "Each of these factors would be expected to produce a range of both trauma-related symptoms and feelings of despair." Ms Calgaret was not given access to a psychologist while at Dame Phyllis and her mental health declined. About six months before her death, Ms Calgaret pleaded in a letter to be released on parole. She explained the See Change program she was required to complete was not available at Dame Phyllis and asked to do it outside prison. "I have four children that need me. I believe I have suffered enough," Ms Calgaret wrote in the letter. She begged for someone to "please read and answer my letter", but it was never forwarded onto the parole board. The coroner said Ms Calgaret had been eligible to be considered for parole more than a year earlier, about seven months after her sentence for aggravated burglary was imposed. It wasn't until October 2021 - a month before she died - that she was told her parole application had been denied because of a lack of suitable accommodation. On November 22, a doctor gave her a dosage of opiate replacement therapy that was too high for her tolerance level. Ms Calgaret's sister Suzzane, who was housed with her at the prison, found her struggling to breathe the following morning. She shook Ms Calgaret to let her know it was time for the daily count, but her younger sister was not moving. A "code black" was called and she was taken to hospital where she died four days later. The Correct Care Australasia doctor had "lacked the careful consideration required" to prescribe the injectable drug, the coroner said. She found Ms Calgaret would not have died if she had not been given the drug, or if she had been supervised afterwards. Suzzane Calgaret welcomed the findings but said it should not have taken her sister's death for changes to be made. "I hope they just have learned from this because it's taken my sister's life, my mum's daughter's life," she said outside court. "There's a reason now for her passing and that reason has been justified by the outcome, but it doesn't bring her back." Ms Gebert issued 16 recommendations, including monitoring women who give birth in custody for post-natal mental health treatment. She encouraged Justice Health to work with the government and stakeholders to improve the psychological services available at the prison and their care of inmates with chronic health issues. Ms Gebert said the parole application process should be reviewed to ensure it does not undermine the integrity of prison sentencing. 13YARN 13 92 76 Lifeline 13 11 14 An Aboriginal woman's newborn baby was ripped from her arms soon after giving birth while in prison. But Heather Calgaret was not given any mental health support after this traumatic event. Over the next two years behind bars, the mother-of-four became obese, developed type 2 diabetes and suffered depression before being denied parole. She died in custody in November 2021 after given an inappropriately prescribed injectable opioid substitution. Countless missed opportunities to prevent the 30-year-old's death in custody were outlined by a coroner on Monday, as her family and supporters filled the courtroom. "Not only was her passing preventable, she should never have passed in the manner that she did," Victorian coroner Sarah Gebert said as she delivered a 300-page finding. The proud Yamatji, Noongar, Wongi and Pitjantjatjara woman had been six months' pregnant when she arrived at Dame Phyllis Frost women's prison in July 2019. The removal of her baby girl just after giving birth, because she had been denied access to the prison's Living with Mum program, was a "pivotal" moment, the coroner found. "Heather had her other children removed ... and her family had been affected by the Stolen Generation," Ms Gebert said. "Each of these factors would be expected to produce a range of both trauma-related symptoms and feelings of despair." Ms Calgaret was not given access to a psychologist while at Dame Phyllis and her mental health declined. About six months before her death, Ms Calgaret pleaded in a letter to be released on parole. She explained the See Change program she was required to complete was not available at Dame Phyllis and asked to do it outside prison. "I have four children that need me. I believe I have suffered enough," Ms Calgaret wrote in the letter. She begged for someone to "please read and answer my letter", but it was never forwarded onto the parole board. The coroner said Ms Calgaret had been eligible to be considered for parole more than a year earlier, about seven months after her sentence for aggravated burglary was imposed. It wasn't until October 2021 - a month before she died - that she was told her parole application had been denied because of a lack of suitable accommodation. On November 22, a doctor gave her a dosage of opiate replacement therapy that was too high for her tolerance level. Ms Calgaret's sister Suzzane, who was housed with her at the prison, found her struggling to breathe the following morning. She shook Ms Calgaret to let her know it was time for the daily count, but her younger sister was not moving. A "code black" was called and she was taken to hospital where she died four days later. The Correct Care Australasia doctor had "lacked the careful consideration required" to prescribe the injectable drug, the coroner said. She found Ms Calgaret would not have died if she had not been given the drug, or if she had been supervised afterwards. Suzzane Calgaret welcomed the findings but said it should not have taken her sister's death for changes to be made. "I hope they just have learned from this because it's taken my sister's life, my mum's daughter's life," she said outside court. "There's a reason now for her passing and that reason has been justified by the outcome, but it doesn't bring her back." Ms Gebert issued 16 recommendations, including monitoring women who give birth in custody for post-natal mental health treatment. She encouraged Justice Health to work with the government and stakeholders to improve the psychological services available at the prison and their care of inmates with chronic health issues. Ms Gebert said the parole application process should be reviewed to ensure it does not undermine the integrity of prison sentencing. 13YARN 13 92 76 Lifeline 13 11 14 An Aboriginal woman's newborn baby was ripped from her arms soon after giving birth while in prison. But Heather Calgaret was not given any mental health support after this traumatic event. Over the next two years behind bars, the mother-of-four became obese, developed type 2 diabetes and suffered depression before being denied parole. She died in custody in November 2021 after given an inappropriately prescribed injectable opioid substitution. Countless missed opportunities to prevent the 30-year-old's death in custody were outlined by a coroner on Monday, as her family and supporters filled the courtroom. "Not only was her passing preventable, she should never have passed in the manner that she did," Victorian coroner Sarah Gebert said as she delivered a 300-page finding. The proud Yamatji, Noongar, Wongi and Pitjantjatjara woman had been six months' pregnant when she arrived at Dame Phyllis Frost women's prison in July 2019. The removal of her baby girl just after giving birth, because she had been denied access to the prison's Living with Mum program, was a "pivotal" moment, the coroner found. "Heather had her other children removed ... and her family had been affected by the Stolen Generation," Ms Gebert said. "Each of these factors would be expected to produce a range of both trauma-related symptoms and feelings of despair." Ms Calgaret was not given access to a psychologist while at Dame Phyllis and her mental health declined. About six months before her death, Ms Calgaret pleaded in a letter to be released on parole. She explained the See Change program she was required to complete was not available at Dame Phyllis and asked to do it outside prison. "I have four children that need me. I believe I have suffered enough," Ms Calgaret wrote in the letter. She begged for someone to "please read and answer my letter", but it was never forwarded onto the parole board. The coroner said Ms Calgaret had been eligible to be considered for parole more than a year earlier, about seven months after her sentence for aggravated burglary was imposed. It wasn't until October 2021 - a month before she died - that she was told her parole application had been denied because of a lack of suitable accommodation. On November 22, a doctor gave her a dosage of opiate replacement therapy that was too high for her tolerance level. Ms Calgaret's sister Suzzane, who was housed with her at the prison, found her struggling to breathe the following morning. She shook Ms Calgaret to let her know it was time for the daily count, but her younger sister was not moving. A "code black" was called and she was taken to hospital where she died four days later. The Correct Care Australasia doctor had "lacked the careful consideration required" to prescribe the injectable drug, the coroner said. She found Ms Calgaret would not have died if she had not been given the drug, or if she had been supervised afterwards. Suzzane Calgaret welcomed the findings but said it should not have taken her sister's death for changes to be made. "I hope they just have learned from this because it's taken my sister's life, my mum's daughter's life," she said outside court. "There's a reason now for her passing and that reason has been justified by the outcome, but it doesn't bring her back." Ms Gebert issued 16 recommendations, including monitoring women who give birth in custody for post-natal mental health treatment. She encouraged Justice Health to work with the government and stakeholders to improve the psychological services available at the prison and their care of inmates with chronic health issues. Ms Gebert said the parole application process should be reviewed to ensure it does not undermine the integrity of prison sentencing. 13YARN 13 92 76 Lifeline 13 11 14 An Aboriginal woman's newborn baby was ripped from her arms soon after giving birth while in prison. But Heather Calgaret was not given any mental health support after this traumatic event. Over the next two years behind bars, the mother-of-four became obese, developed type 2 diabetes and suffered depression before being denied parole. She died in custody in November 2021 after given an inappropriately prescribed injectable opioid substitution. Countless missed opportunities to prevent the 30-year-old's death in custody were outlined by a coroner on Monday, as her family and supporters filled the courtroom. "Not only was her passing preventable, she should never have passed in the manner that she did," Victorian coroner Sarah Gebert said as she delivered a 300-page finding. The proud Yamatji, Noongar, Wongi and Pitjantjatjara woman had been six months' pregnant when she arrived at Dame Phyllis Frost women's prison in July 2019. The removal of her baby girl just after giving birth, because she had been denied access to the prison's Living with Mum program, was a "pivotal" moment, the coroner found. "Heather had her other children removed ... and her family had been affected by the Stolen Generation," Ms Gebert said. "Each of these factors would be expected to produce a range of both trauma-related symptoms and feelings of despair." Ms Calgaret was not given access to a psychologist while at Dame Phyllis and her mental health declined. About six months before her death, Ms Calgaret pleaded in a letter to be released on parole. She explained the See Change program she was required to complete was not available at Dame Phyllis and asked to do it outside prison. "I have four children that need me. I believe I have suffered enough," Ms Calgaret wrote in the letter. She begged for someone to "please read and answer my letter", but it was never forwarded onto the parole board. The coroner said Ms Calgaret had been eligible to be considered for parole more than a year earlier, about seven months after her sentence for aggravated burglary was imposed. It wasn't until October 2021 - a month before she died - that she was told her parole application had been denied because of a lack of suitable accommodation. On November 22, a doctor gave her a dosage of opiate replacement therapy that was too high for her tolerance level. Ms Calgaret's sister Suzzane, who was housed with her at the prison, found her struggling to breathe the following morning. She shook Ms Calgaret to let her know it was time for the daily count, but her younger sister was not moving. A "code black" was called and she was taken to hospital where she died four days later. The Correct Care Australasia doctor had "lacked the careful consideration required" to prescribe the injectable drug, the coroner said. She found Ms Calgaret would not have died if she had not been given the drug, or if she had been supervised afterwards. Suzzane Calgaret welcomed the findings but said it should not have taken her sister's death for changes to be made. "I hope they just have learned from this because it's taken my sister's life, my mum's daughter's life," she said outside court. "There's a reason now for her passing and that reason has been justified by the outcome, but it doesn't bring her back." Ms Gebert issued 16 recommendations, including monitoring women who give birth in custody for post-natal mental health treatment. She encouraged Justice Health to work with the government and stakeholders to improve the psychological services available at the prison and their care of inmates with chronic health issues. Ms Gebert said the parole application process should be reviewed to ensure it does not undermine the integrity of prison sentencing. 13YARN 13 92 76 Lifeline 13 11 14

Sydney Morning Herald
10 hours ago
- Sydney Morning Herald
Indigenous woman's death in custody was entirely preventable
A coroner has ruled the death of an Indigenous woman in a Victorian jail was entirely preventable.

The Age
10 hours ago
- The Age
Indigenous woman's death in custody was entirely preventable
A coroner has ruled the death of an Indigenous woman in a Victorian jail was entirely preventable.