Duncan Wakes-Miller wants to make sure no one ever has to face having a loved one killed in a drunk driving incident.
The Wakes-Miller family’s life was turned upside down when their 17-year-old son, Barney, was killed in a drunk driving-related crash in Elanora Heights in 2020. The driver of the vehicle was placed on a 21-month good behaviour bond by a Children’s Court magistrate.
Disappointed with this outcome, Duncan is putting his “Road Crimes Act” petition to parliament hoping to pass legislation which will increase road safety by enforcing stricter penalties and rehabilitation programs.
“My son was killed by a drunk driver who escaped with no meaningful punishment,” Duncan said.
“The reason I’m getting involved in trauma support and reform and legislation for road crime is that I don’t want anyone else to go through what my family have gone through, what my children have gone through, what our friends have gone through with the loss of Barney.
“It was a deliberate criminal act that killed my son. It was vehicular homicide. We need legislation to treat road crime with the severity that it deserves.”
The Allambie local says the proposed legislation isn’t designed to engage the majority of drivers but rather the ones prone to dangerous driving who are more likely to kill while behind the wheel.
In this year to date, 212 lives have been lost on the road in NSW, which is an eight per cent increase from this time last year. Serious injuries were far worse, sitting at over 10,500 in 2023 and currently placed at around 9,700 this year.
The annual economic cost of road crashes is estimated at more than $27 billion, a 2022 report by the Australian Road Safety Foundation says. It also states road trauma as being the biggest killer of kids aged one to 14.
“Drunk driving is not going away. Drunk Driving is getting worse, and the road toll of people killed on the roads is getting worse. It’s been getting worse for 18 months now.”
“Drunk driving is not going away. Drunk Driving is getting worse, and the road toll of people killed on the roads is getting worse. It’s been getting worse for 18 months now. Significantly, one person is dying every day on New South Wales roads,” Duncan explained.
The petition to parliament advocating for safer road legislation received over 500 signatures within its first day of introduction. Duncan said it has also gained support from ‘various MPs on both sides’ including Wakehurst MP Michael Regan.
“Duncan makes some really, really important points and valid points in that the legislation is old, it hasn’t really been reviewed or updated,” Mr Regan said.
“His case, sadly, is not unique, and it’s very personal. It will always be very personal, very raw to him and the family and the friends. The points that he makes in that legislation proposal are not unreasonable.”
The Crimes Act 1900 – which covers road safety legislation – needs an update, according to Duncan. His petition for legislation change is two years in the making and is currently undertaking independent reviews within parliament to see what would ensure effective change.
The petition not only puts forward the proposition of harsher penalties for negligent driving, but also rehabilitation programs for disqualified drivers.
It introduces new offences such as vehicular homicide, proposes a dangerous driver register and implements compulsory driver rehabilitation programs, including mandatory alcohol interlocks for all convicted offenders.
“It’s really about making sure that dangerous driving, at that level, is a social anathema, in the same way that we’ve seen sexual predation, domestic violence, and consent laws all change when people decide that it’s socially unacceptable to behave like that, then things change,” Duncan explained.
It’s not just state residents in the local father’s crosshairs for change, apps such as Waze and road regulating authorities are said also in need of a review.
“The police are doing far less RBTs than they ever used to do,” he claimed.
“We’re seeing more people get arrested for drug-impaired driving. We’re seeing people use the Waze app just to find out where the police are so they can drive home.”
Mr Regan says, although more needs to be done to make NSW roads safer, there isn’t going to be one simple solution, but in the meantime, a cultural shift is required. He believes the community and police should work together to report and patrol any dangerous driving seen on the streets.
“If you go into Facebook, local groups, you can see people calling out dangerous driving,” he said.
“Rather than putting it on Facebook, why don’t we instead have a system in place where you can call the police and, with the details, be encouraged? Basically, it’s about encouraging that culture and saying we don’t accept this behaviour. I think Duncan’s petition talks to that.”
Although zero road deaths would be Duncan’s desired ultimate goal, he sees this as unrealistic, especially since not all deaths are criminal offences. However, he states more practical legislation/rehabilitation and targeting of high-range offenders will help work towards zero and ensure fewer families have to endure what he did.
“We are doing this so that no other family has to endure what we have gone through. Unfortunately, and especially recently on the Northern Beaches, there have been too many avoidable deaths. It’s time the community stood up and was heard so that we can all make a difference,” Duncan said.
