A Mildura man has been sentenced to three years' jail and may face deportation for causing a "devastating" car crash that killed his mother and five-year-old daughter.
Tharanga Ehalape-Gamage was driving on the wrong side of the Murray Valley Highway near Robinvale when he collided head-on with another vehicle in April 2019.
Mr Ehalape-Gamage's mother and daughter were passengers and died in the crash, while he and the driver of the other vehicle sustained serious injuries.
Mr Ehalape-Gamage's three-year-old son did not suffer serious injury in the crash, but the court heard he was later diagnosed with post-traumatic stress disorder (PTSD).
During sentencing in the County Court, Judge Fran Dalziel said it was a "tragic case" for Mr Ehalape-Gamage, who was found guilty after a trial in December 2021.
No explanation for dangerous driving
Judge Dalziel told the court that there had been no conclusive explanation for why Mr Ehalape-Gamage was driving entirely on the wrong side of the road for around 15 metres before the crash.
She said fatigue, alcohol, drugs or speeding did not appear to have contributed to the crash and accepted that the accused greatly regretted the incident.
The court heard Mr Ehalape-Gamage had undergone mental and physical rehabilitation since the incident and had struggled with PTSD and depression.
Mr Ehalape-Gamage, who grew up in Sri Lanka and moved to Mildura in 2012, will have his visa immediately cancelled because he is serving a prison sentence of more than 12 months.
"I accept that this will cause you significant concern," Judge Dalziel said.
"This would bring the life you've been making here since 2012 to an end … and would separate you from your only surviving child [who lives with Mr Ehalape-Gamage's ex-wife in Australia]."
However, Judge Dalziel noted the visa cancellation could be reviewed.
She said she took the visa cancellation and the added mental and physical toll imprisonment would take on Mr Ehalape-Gamage into consideration during sentencing, but it was not significant enough for him to avoid prison.
He was sentenced to a total of three years for two charges of dangerous driving causing death and one charge of dangerous driving causing serious injury, with a non-parole period of 18 months.
