A learner driver who drove erratically and killed a Victorian man after he jumped on the bonnet of his car has been sentenced to seven years in prison.
Floyd Hennessy, 22, and Brandon Cummings, 20, were looking for tools to steal from parked cars in Dingley, southeast of Melbourne, in December 2019, when Peter Stojanovic saw them on CCTV.
The 53-year-old ran outside to confront the would-be thieves and screamed at them before jumping on their car bonnet.
Hennessy, then a learner driver, said he panicked and wanted to get the man off the car.
Cummings, who was a passenger, also panicked and told Hennessy to shake the car, tap the breaks and swerve to get the victim off the vehicle.
Mr Stojanovic was killed after he came off the car and was dragged for about 80 metres, with a trail of blood and torn clothes left behind.
The pair left the scene and hid the car in the bushes before catching a rideshare home, while a passer-by found Mr Stojanovic.
Hennessy pleaded guilty to culpable driving causing death, while Cummings pleaded guilty to reckless conduct endangering life.
Justice Amanda Fox on Monday sentenced Hennessy, who appeared via video link, to seven years in prison with a non-parole period of four years and three months.
She said the circumstances of the case were fairly unusual but found the culpable driving offending was reasonably serious.
"You did not simply drive with the victim on the roof, but deliberately braked, swerved and fishtailed in an attempt to dislodge him," she told the Victorian Supreme Court.
Hennessy has already served 104 days in custody, included as time served, and has been banned from having a licence for two years.
Justice Fox found Cummings' conduct was not the sole cause of Mr Stojanovic's death, but it did create risk that he could be killed.
"You knew Mr Hennessy was following your instructions and engaging in the driving manoeuvres you suggested," Justice Fox said.
"You continued to give instructions throughout the incident."
Cummings, who appeared in person, was sentenced to a three-year community correction order and must undertake 250 hours of unpaid community work.
He was ordered to undergo treatment for drug, alcohol addiction and mental health.
