NSW: Street racer's sentence 'inadequate', but not

AAP General News (Australia)
04-15-2009
NSW: Street racer's sentence 'inadequate', but not
BORKOWSKI

SYDNEY, April 15 AAP - An illegal street racer whose driving caused the deaths of an
elderly Sydney couple received a "manifestly inadequate" jail sentence, top judges have
ruled.

But the NSW Court of Criminal Appeal has decided not to increase the term of Robert
James Borkowski because the crown had not challenged the sentence imposed on his co-offender.

Borkowski, 38, was jailed for a minimum of six and a maximum of nine years by the NSW
District Court last November after pleading guilty to the manslaughter of Alan and Judith
Howle.

The Howles, both aged in their 70s, were killed in July 2007 when Borkowski's Holden
Commodore slammed into their Toyota Camry in the western Sydney suburb of St Marys.

Police alleged Borkowski and co-accused Adam McDonald, 29, were involved in a street
race at speeds of up to 130km/h on the 60km/h stretch of the highway.

McDonald's car did not hit the Howles' vehicle, but ploughed into Borkowski's car after
the initial collision.

McDonald received a five-year minimum sentence with an eight-year maximum.

In dismissing the crown challenge to Borkowski's sentence on Wednesday, Justice Roderick
Howie concluded the very least sentence that could have been imposed on him was a minimum
of nine years and a maximum of 12 years.

"For some reason, which the crown prosecutor appearing on the appeal could not explain,
the Director of Public Prosecutions did not appeal against the sentence imposed upon McDonald,"

he said.

If the Appeal Court now increased Borkowski's sentence, he would have a "justifiable
sense of grievance" with the sentence imposed on his co-offender, he said.

AAP mss/evt/maur/bwl

KEYWORD: increased

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