A “selfish” driver who killed a mother-of-four when he veered into oncoming traffic in an attempt to take his own life has failed in his bid for a reduced sentence.
Michelle Wolff was on a hands-free phone call with her daughter after working late when Jacob Paul Johnston, then aged 21, deliberately drove head-on into her vehicle.
The 49-year-old nurse died at the scene on the D’Aguilar Highway at Harlin, north-west of Brisbane – not far from the turn-off to her family farm – in December 2021.
The Queensland Court of Appeal on Tuesday refused Johnston leave to appeal his 10-year sentence.
Appeal Court Justices John Bond, David Boddice and Tom Sullivan acknowledged that Johnston was a young man with a lack of prior criminal record.
“(Johnston’s) offending was objectively at the more serious end of manslaughter offences committed by driving,” the justices stated in their written decisions.
“The devastating consequences of (Johnston’s) conduct… warranted a sentence in which denunciation loomed large.”
Johnston had argued the sentence was manifestly excessive as it did not adequately consider his mental state, remorse and extensive injuries in the crash.
“There is no merit to (Johnston’s) contentions. The sentencing judge carefully and accurately recorded the basis upon which he was to be sentenced,” the appeal justices stated.
Johnston had pleaded guilty and was sentenced in April 2024 to 10 years’ imprisonment for manslaughter and a consecutive 12 months for attempting to pervert justice.
The second charge related to Johnston trying to get a former partner to withdraw her statement to police about his prior intent to take his own life.
Wolff’s family and Justice Paul Freeburn at the sentencing said Johnston’s offending was selfish.
“This was an appalling and callous act, even appreciating your intention to kill yourself,” Freeburn told Johnston.
“The victim impact statements speak of your act of selfishness – it is an accurate description.”
Johnston will be eligible for parole in September 2030 and will face deportation to New Zealand when released.
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