Killer driver awaits vic court appeal 20160321 p5u62o.html – Breaking News & Latest Updates 2026
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This was published 10 years ago

No appeal for killer ice driver in Vic

AAP

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A driver who killed three people in Melbourne while high on ice thinks he should get an early release because he'll probably be deported - but a court disagrees.

Brazilian citizen Nei Lima Da Costa was handed 16 years prison with a minimum 11 over the deaths of pedestrian Anthony Parsons and couple Savvas and Ismini Menelaou.

He was running a red light at speeds of about 120km/h in January 2014 when he struck and killed Mr Parsons at an intersection before colliding with a car, killing the couple.

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Lawyers for Lima Da Costa, 32, applied for leave to appeal his sentence last month, saying it was excessive and new immigration laws increased the likelihood of their client being deported once released.

Lima Da Costa was a permanent resident on a spouse visa at the time of the crash but has since separated from his wife.

Under laws which came into effect after his sentence, visas of immigrants who commit a crime and are sentenced to more than 12 months imprisonment must be cancelled, though they can appeal.

Lima Da Costa's legal team said the increased likelihood of his deportation was "additional punishment" because he would probably lose the opportunity to make a life in Australia and lose contact with his young daughter.

But the Court of Appeal disagreed on Monday, saying Lima Da Costa could challenge the mandatory cancellation of his visa and it was speculative what would happen after that.

The bench of three judges also rejected the argument that Lima Da Costa's sentence was excessive.

"(His) behaviour showed complete disregard for the safety of other road users," they said in their judgment.

"It is especially serious that that the collision occurred after a sustained period of driving at life-threatening speeds, during which the applicant must have realised that sooner or later he would encounter cars or pedestrians crossing at an intersection."

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Lima Da Costa pleaded guilty to seven charges, including culpable driving.

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