A Dandenong man has been jailed for supplying the drug GHB to a 13-year-old girl who suffered a fatal overdose.
Driving a stolen car, Luke Darren Delphin and a male friend picked up the victim Alesha Fernando and her 15-year-old friend from a house at Narre Warren about 9pm on 19 June, 2017.
At his apartment, all four consumed GHB as well as bongs of cannabis.
Delphin drew up the amounts of GHB, handing each person a plunger of the drug.
He kept handing more to the victim, who “kept taking it”, Judge Claire Quin said during sentencing at the County Court of Victoria on 17 October.
Alesha consumed the most. Her friend estimated that Alecia ingested 6 millilitres, the judge said.
She fell asleep, and was discovered unconscious and apparently not breathing by a friend about dawn the next day.
Delphin’s friend administered CPR under the instructions of a triple-0 operator.
“I can’t lose my apartment over this s***,” Delphin said.
“It’s not worth it.”
Alesha remained unconscious and died in hospital from GHB toxicity.
Delphin, 20, pleaded guilty to two counts of supplying a drug of dependence to a child. He told police at the time that he believed the girls were both 17.
The accused also pleaded guilty to stealing two cars, stealing a set of number plates, a petrol drive-off, resisting a police officer and possessing cannabis, ice and GHB.
In a victim impact statement at court, Alesha’s mother Katrina Gavan told of how “every day is like struggling through quicksand”.
“It’s exhausting, relentless. It just can’t be true.”
There was “no respite, no relief, no hope,” she wrote.
Outside the court, she told reporters that everyone loved “beautiful, happy, adorable” Alesha. “That’s why (Delphin) took advantage of her,” Ms Gavan said.
“He should have been done with rape, murder or manslaughter because I know his intentions that night.”
Judge Quin noted Delphin’s “deprived” upbringing. He started drinking alcohol and chroming from nine years old, graduating to daily illicit drug abuse.
He had a diagnosed brain injury as a result, as well as depression since 13, the court heard.
Judge Quin declined to sentence Delphin to a community corrections order. This was due to the gravity of the crime as well as Delphin’s “significant” criminal history, she said.
Delphin was jailed for up to three-and-a-half years, with a two-year non-parole period. The term includes 346 days already served in remand.
