A 19-year-old man involved in a $10 dare that caused the death of a Chinese student has avoided jail.
Aaron Toal was out with friends on the night of July 7 last year when they targeted Yuxiong Han, 21, who was walking home in the dark from work.
The Victorian
Supreme Court heard Toal dared one of his friends $10 to hit Han.
His teenage co-accused threw a punch, causing Han to run into the path of an oncoming car at Forest Hill, in Melbourne's east.
He was struck by the car, suffering massive head injuries and died in hospital.
Toal pleaded guilty to the manslaughter of Mr Han, who had only arrived in Australia 12 weeks earlier to study here.
Toal was today ordered to undertake a two-year community-based order with 500 hours of unpaid work.
Justice Stephen Kaye told Toal his conduct was disgraceful and cowardly.
He said he was lucky to escape jail.
"You are fortunate. Make sure you take advantage of the opportunity afforded to you,'' he said.
Related Coverage
But Victims of
Crime Association president
Noel McNamara said the sentence was inadequate and put little value on human life.
"It's an absolute outrage. He should've got at least 10 years in jail.
"It's just too merciful and we will certainly write to the DPP about it.
"It's just not good enough.''
The court heard after the incident Toal and his co-accused quickly walked away from the scene.
They later returned and asked onlookers what happened to give a false impression they had just arrived.
Toal initially lied to police about his involvement but later admitted to it when his version of events conflicted with other witnesses.
The judge described victim impact statements from Mr Han's parents as heart-rending.
"By your actions, you have not only cost a decent young man his life, but you have taken from his parents their only and much beloved son, and deprived his sister of her only sibling,'' he said.
The judge said he was satisfied the attack was the result of a thoughtless prank.
He also accepted race was not a factor in the crime and that Toal was deeply remorseful.
Justice Kaye took into account Toal's youth and otherwise good character.
He said his rehabilitation prospects were good and this could be jeopardised by a term of imprisonment.
