Baby death driver sentence appeal rejected

The West Australian June 25, 2009, 1:00 pm

An appeal against the sentence handed to a drunk, reckless driver who crashed and killed baby Grace Moorby has been rejected.

The Director of Public Prosecutions appealed against the three-year, eight-month sentence handed to Benjamin Alan Butler in November, arguing the "colossal" amount of alcohol Butler consumed before the crash warranted a tougher sentence.

Two of the three Court of Appeal Justices rejected the appeal, but the third, Justice Geoffrey Miller, indicated he would have imposed a jail term of four years and 10 months.

Butler lost control of his high-powered Holden Monaro and crashed through the front yard of baby Grace's Thornlie home.

The car crashed into the 11-month-old girl and her mother, who were walking to the letterbox of their home.

PERTH CHRISTIANA JONES

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