A Sydney man who was allegedly driving more than 130 kilometres per hour before crashing into a tree, killing two children, has had his charges upgraded.
Key points:
- Jimmy Martin Brito had his application for bail refused at Sutherland Local Court
- Police argued he was a "large risk" to the community
- He has been charged with five offences in total
Jimmy Martin Brito was allegedly driving on The Grand Parade in Monterey in Sydney's south about 10pm on August 25 when his car crashed.
He had three young children in the car as passengers.
Two boys, aged nine and 10, were taken to Sydney Children's Hospital at Randwick where they later died while a girl suffered minor injuries.
Mr Brito wiped tears from his eyes as the magistrate refused his application for bail in Sutherland Local Court today.
The 33-year-old appeared in court via video link from Long Bay Hospital where he is receiving medical treatment for the injuries he sustained in the crash.
Mr Brito was originally charged with two counts of dangerous driving occasioning death and one count of causing bodily harm by misconduct.
Two additional charges of aggravated dangerous driving occasioning death have also now been laid.
The upgraded charges carry a higher maximum penalty of up to 14 years behind bars.
Accused a 'large risk' to community
Police told the court Mr Brito posed a "large risk" to the community given he had been driving at 136kph in a 60kph zone in the lead-up to the crash.
The prosecution also highlighted Mr Brito's previous traffic infringement record, including speeding offences, using a mobile phone while driving, and driving with a suspended licence.
"Community safety was not a consideration for the accused and that should be at the forefront of the courts' mind when considering an application for bail," the prosecutor said.
Previously police have said they were investigating whether Mr Brito had been engaged in street racing.
Mr Brito's lawyer said he should be allowed out on bail to seek treatment for his mental health issues.
"He's suffering severely in a physical sense and his treatment is lacking," the lawyer said.
"He's not had any scans and he's not receiving proper medication."
Magistrate Phillip Stewart refuted the defence's claims.
"There is no medical documentation showing the medical treatment for the defendant is inadequate … or showing that he can't receive adequate treatment for his mental health conditions in custody," Magistrate Stewart said.
Mobile phones recovered from crash site
Police allege Mr Brito was travelling from La Perouse when he drove onto the wrong side of the road.
Three mobile phones were retrieved from the crash site and police say one allegedly contains a video taken by one of the children inside the vehicle prior to the crash.
Police are currently "analysing" the contents of the three phones.
Outside court, Mr Brito's laywer said she intended to escalate her client's case to the Supreme Court.
The case is due to return to court on November 30.
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2023-09-07 05:05:12Z
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