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Byron Shire
December 5, 2022

Appeal lodged against killer driver’s sentence

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Lismore District Court. (file pic)
Lismore District Court. (file pic)

An appeal will be lodged against the sentence of a driver responsible for the death of a man and his two children near Casino last year.

Malcolm John Harris was last month convicted on three counts of dangerous driving and one count of dangerous driving occasioning grevious bodily harm.

Harris ran into a parked car near Dyraaba, west of Casino, killing Shaun Zagar and his children, Kaleb, 6, and Zara, 5.

Harris, 37, received an eight-year concurrent jail sentence in the Lismore District Court on August 19, but could be released on parole by 2016.

The Director of the Office of Public Prosecutions, Lloyd Babb SC, yesterday said he had directed that an appeal be lodged against the adequacy of the sentence.

The matter will go before the Court of Criminal Appeal on September 11, 2014.

The family of Mr Zagar has been lobbying for tougher penalites, with Shaun Zager’s father telling ABC radio that the penalty Harris received ‘was just not enough’.

Mr Zagar said the sentence had been condemned in the community and was an ‘insult to our family’.

Mr Zagar said there was a strong case for a harsher sentence.

‘I am confident that things will change,’ he said.

‘Whatever sentence he does get though will never bring back Shaun, Kaleb and Zara.

‘And the penalty that he does get will still never be enough, as nothing will replace the lives of those who we’ve lost, who we’ve loved and who we’ve raised.’


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