By CAMERON LUCADOU-WELLS
CADMIEL‘Tibby’ Duscas’s first stroke of luck is that he’s alive.
The Noble Park man, 23, is also fortunate not to be in jail after nearly killing himself, his younger brother and sister, and two friends in a terrifying drink-and-drug-driving crash on Pound Road, Narre Warren South, early on 20 May 2012.
Last week, Dandenong Magistrates’ Court judge Greg Connellan instead set Duscas a homework assignment: to channel the “pretty horrific experience” into a campaign that will cut through to young drivers.
Mr Connellan also stripped away Duscas’s driving licence for four years – double the minimum mandatory sentence – for driving under the influence and negligently causing serious injury to his four passengers.
“It goes without saying to people in this situation that they’ll have to go to jail.
“My own view is that would be, in your case, a pointless exercise.
“It would return you to the community with more chance of committing offences.
“The thing that’s troubling me is the endless procession of young people, not quite in the same situation as you, on drink-driving matters, drug-driving matters… under the influence of ice, cannabis or alcohol.
“What I’m interested in is how does the message get out to your age group?”
A relieved Duscas, in court with his four passengers and girlfriend Rachel Kath, was willing to accept the option.
He is still paying off about $6000 damage to a resident’s fence and garden and a snapped power pole due to the collision.
“I’m still paying for it,” he told the Journal.
“It’s a high price but the price could have been higher.”
His passengers during the crash were also willing conscripts for the campaign.
Among their early ideas are a Facegroup group, designing a YouTube clip, speaking to community and national media and visiting schools.
Mr Connellan told Duscas he could still impose jail time if he wasn’t satisfied with Duscas’s efforts by December.
Police prosecutor Adam Green recounted the crash to the court last Monday.
He said Duscas had lost control of his car while approaching a crest between Kirkwood Crescent and Lakeside Drive.
Unable to stay in his lane, Duscas over-steered his Commodore and mounted a nature strip, snapping a power pole.
The car then rotated, struck roadside vegetation, did an airbourne roll and crashed into a residential fence and garden bed about 100 metres from the power pole.
There was no evidence that speed was involved, but Duscas recorded a blood alcohol reading of 0.118 – more than twice the legal limit – as well as cannabis in his blood stream while hospitalised after the crash.
Mr Connellan accepted that the five-nanogram THC-reading was consistent with smoking cannabis 24 hours earlier.
Defence lawyer Michael Kuzilny told the court that Duscas was receiving on-going treatment for depression and anxiety as a result of his “idiotic behaviour”, showing “severe remorse and victim empathy”.
“He has reflected many times on how everyone could have died.”
Duscas, who had no recorded traffic offences, had an “unblemished” record since “cautiously” driving for 17 months after the incident.
