01-07-2025
Peter Agius faces court over crash that killed Glengarry father Adam Sutton
A Victorian court has been told a driver who caused a collision that killed a young father in Gippsland in 2023 was using his phone to send Snapchat messages while behind the wheel.
Livestock agent Adam Sutton, 35, had just collected his son Darcy from his first day of school when they were involved in a car crash at the intersection of Traralgon-Maffra and Farmers roads in Glengarry on January 31, 2023.
Mr Sutton died at the scene and the six-year-old was flown to the Royal Children's Hospital with critical injuries.
On March 24 Peter Agius, 23, was found guilty of culpable driving causing death and negligently causing serious injury.
In her sentencing submissions on Tuesday prosecutor Sarah Thomas told the Melbourne County Court that Agius continued to deny the gross negligence he had been proven guilty of.
She told the court there was evidence that he participated in 85 Snapchat messages during a journey of about 15 minutes prior to the crash on the country road.
Ms Thomas said Agius admitted his offending was dangerous, but denied it was "criminally negligent".
"He persists his driving wasn't impacted from his mobile phone use, said his phone was in his pocket," she said.
Agius's defence lawyer told the court her client suffered from severe post-traumatic stress disorder as a result of the crash, was remorseful for his actions and accepted that the collision had a devastating impact on many people.
She said Agius made door handles while in custody at Fulham Prison, was undertaking a welding course and was a good worker.
Judge Kevin Doyle said he would consider Agius's personal circumstances.
"This was phone use to an extent a jury found it criminally negligent," Judge Doyle said.
In a victim impact statement read to the court at a previous hearing, Mr Sutton's mother, Leanne Sutton, said no parent should ever have to endure losing a child, which had been a "living nightmare".
She told the court she was yet to read and respond to the flowers and tributes she received.
"I'm lost how to adequately convey the death or trauma," Ms Sutton said.
She said Mr Sutton was "widely liked", incredibly kind and had a generous nature.
"He had such a sparkle in his blue eyes," Ms Sutton said.
Mr Sutton's father, Ray Sutton, said his family's lives were changed forever after his son's death.
Mr Sutton's brother, Dean, said in his victim impact statement that he was unable to process the loss until the viewing before the funeral and that family gatherings always highlighted the loss of his sibling.
"I will always live with questions," he said.
Agius has been remanded in custody and is expected to return to court for sentencing on July 14.
