Anger at light sentence

By Rebecca Fraser
A SERIAL drink driver from Doveton who injured five children when he ploughed into a Dandenong West schoolyard has received a three-year suspended jail term.
Taban Gany, 32, had a blood alcohol reading of 0.175 — more than three times the legal alcohol limit – when he crashed into a brick wall at Dandenong West Primary School on May 19 last year.
The Victorian County Court heard that the Sudanese refugee had drunk four cups of cask wine before the incident that left five children injured.
Six-year old Sabi Mashid was forced to have his right foot amputated as a result of the collision and 11-year-old Medina Hubanic suffered multiple leg fractures.
Mr Gany pleaded guilty to four counts of negligently causing serious injury and to one count of reckless conduct endangering persons.
He also pleaded guilty to a charge of exceeding the prescribed concentration of alcohol.
The court heard Gany had two previous drink-driving convictions, once recording a blood alcohol reading of .272 percent, and had been disqualified from driving at the time of the incident.
Judge Peter Gebhardt said he took into account Mr Gany’s guilty pleas, remorse, success in an alcohol treatment program, prospects for rehabilitation and days spent in custody when handing down the sentence last Friday.
The court heard that in 1992, when Mr Gany was 19, his father was kidnapped, tortured and, ultimately, killed by the Muslim militia in Sudan.
Judge Gebhardt said he defied anyone to regard Mr Gany’s past without a twinge of sadness and defended the use of a suspended sentence.
“A man convicted of a suspended sentence does not ‘go free’. No, he goes away bearing a considerable burden.
“He may walk out of the court but he does not leave behind the embrace of the law.
“I have no doubt that you are profoundly saddened by the consequences of your unintended actions and that, having small children of your own, you are aware with precision of the hurt, both physical and mental, done to your unintended victims,” he said.
Judge Gebhardt said the Victim Impact Statements presented to the court amplified the reasons why Mr Gany would be deeply saddened and regretf ul.
“Five young children have had their lives deeply affected and they have had to face physical and emotional reconstruction.
“Those statements express great anguish but no vindictive call for vengeance. There is no vicious stampede for retribution,” he said.
Mr Gany’s licence was also cancelled for three years and he was disqualified from obtaining a licence during that period of time.