A man has entered a last-minute guilty plea to charges of dangerous driving causing death and grievous bodily harm, averting a trial that was set to commence over a fatal vehicle rollover in Western Australia’s remote Midwest. The crash, which occurred on August 10, 2024, resulted in the deaths of a baby and two women.
Fatal Ute Rollover on Remote WA Road
Nathaniel Jackman, 24, was driving a Toyota Hilux utility vehicle with five passengers when it overturned on the Geraldton-Mt Magnet Road, approximately 500 kilometers north of Perth, near the town of Yalgoo. The incident took place just before 11 p.m.
Tragically, three lives were lost in the collision. Levi Ashwin, a baby only weeks old, sustained multiple severe injuries, including fractures to the skull and ribs, and died at the scene. Gabrielle Brockman, 21, also suffered fatal head injuries. Levi’s mother, 33-year-old Marrika Brockman, succumbed to her injuries later in hospital.
Charges and Court Proceedings
Jackman had been scheduled to face a trial in the Geraldton District Court. However, on the day proceedings were due to begin, he pleaded guilty to three counts of dangerous driving causing death and two counts of dangerous driving causing grievous bodily harm. The court was informed that two other passengers, Levi’s father Dwayne Ashwin and Jeffrey Incich, sustained serious injuries that necessitated urgent medical intervention to save their lives. Mr. Incich, in particular, is reported to have suffered permanent disabilities and requires continuous 24-hour care.
Circumstances of the Crash
Evidence presented in court revealed a series of critical factors contributing to the tragedy. The vehicle was carrying more passengers than it was designed for, and crucially, there was no infant car seat for baby Levi. None of the passengers were wearing seatbelts at the time of the incident.
Prosecutors detailed that the ute veered onto the wrong side of the road and onto the verge for a significant distance of 70 meters before Jackman attempted to correct the vehicle’s course. Further compounding the dangerous circumstances, it was stated that Jackman had never held a valid driver’s license, was operating the vehicle while fatigued, and was driving under the influence of cannabis. A blood sample taken from Jackman after the crash tested positive for THC, with levels indicating he had consumed cannabis earlier that same afternoon.
Driver’s Account and Defence Arguments
Jackman’s defense lawyer, George Guidice, presented a narrative suggesting Jackman was pressured into driving. According to the defense, the group had traveled from Kalgoorlie to Meekatharra the previous day for a funeral. Following the funeral, disagreements arose regarding travel plans, with some wishing to stay longer and others eager to drive on to Geraldton.
Mr. Guidice explained that Dwayne Ashwin had driven approximately 230 kilometers past Mount Magnet before insisting Jackman take over the driving duties. The group was about 30 kilometers west of Mount Magnet when Jackman assumed control of the vehicle. The defense stated that Jackman initially refused to drive, citing his lack of a license and fatigue, but Mr. Ashwin allegedly became forceful and insistent, leading Jackman to feel obligated to drive.
The defense further indicated that Jackman, who had only ever held a learner’s permit that expired in 2022, fell asleep while driving at an estimated speed of 90 kilometers per hour. Upon waking, he attempted to steer the vehicle back onto the road, but it was too late.
Remorse and Sentencing
Mr. Guidice conveyed that Jackman expressed deep remorse for the pain and suffering he has caused to the families of the deceased. A request was made for a pre-sentence psychological report, which the court noted could take up to 16 weeks to complete.
Jackman’s bail has been extended under specific conditions, including a $5,000 personal undertaking, a $2,500 surety, reporting to police twice weekly, and providing urine samples. His next appearance in the Geraldton District Court is scheduled for February.
