Sentence slammed

By Kath Gannaway
A MOUNT EVELYN man who pleaded guilty to dangerous driving causing the death of Seville teenager Melissa Neylon in 2009 has walked free from the Melbourne County Court.
Jayke Baldwin, now 21, was 19 when he lost control of the car he was driving at high speed, crashing it into a tree and killing his girl-friend of two weeks.
The crash happened on High Street, Seville East, just 500 metres from Ms Neylon’s home.
The 18-year-old was a passenger in the car.
Baldwin was sentenced to three years imprisonment by Judge Marilyn Harbison on Thursday 2 September, after pleading guilty to a charge of dangerous driving causing death.
But that sentence was wholly suspended after Judge Harbison said Baldwin, who she accepted had gender-related mental disorders, was likely to be subjected to significant bullying “and much worse” unless he was protected by prison authorities.
The court heard Baldwin had a very effeminate presentation and a hereditary physical condition, which had caused him to be bullied and ridiculed at school and at work. She accepted a psychologist’s diagnosis of gender identity disorder and a provisional diagnosis of Asperger’s Disorder.
The court heard that Baldwin had previously been assessed as being different, odd and immature.
Ms Neylon’s family, parents Grant and Sue and older sister Megan, have slammed the sentence as being too lenient and say they hope there will be an appeal.
Mr Neylon said they, together with the prosecution team, were stunned when Judge Harbison handed down her sentence.
“The court system has let us down and they have let Melissa down,” Mr Neylon said.
“This doesn’t send the right message to the community,” he said.
“What it says to others out there speeding is that if you have issues and you kill someone you can get off with nothing more than losing your licence for five years and you have to behave yourself.”
Mrs Neylon said it was clear that Baldwin had learnt nothing from an earlier speeding conviction.
The court heard Baldwin, who it was estimated was travelling at between 25 and 36 kilometres over the 50km/h limit on the narrow dirt road on the day of Melissa’s death, had received a previous traffic infringement notice for travelling at 115km/h in an 80km/h zone.
“He had his licence suspended then, and he didn’t learn a thing from that. It’s beyond a joke,” Mrs Neylon said.
Melissa had been booked in for a licence test on the Monday following the crash and was looking forward to starting university.
“Melissa was still finding herself,” her sister Megan said at the time of her death.
“She had so much to look forward to, but she didn’t get that chance.”
The Neylon family says all they want for Melissa is justice.
“We went to court hoping for justice, and we didn’t get it. We have no closure,” Mr Neylon said.