Driver Who Left Elderly Cyclist for Dead on Freeway Wins Sentence Appeal
Costantino Carmelo Mastrolembo, a driver who struck an elderly cyclist on the Mitchell Freeway and fled the scene, has successfully appealed his prison sentence. The decision means he could walk free from jail in just a few months, despite a shocking history of traffic infringements.
Fatal Collision and Deceptive Cover-Up
In the early hours of October 9, 2022, Mastrolembo was driving along the Mitchell Freeway when he hit 86-year-old David John Kirby from behind. Kirby was riding his electric bike on the left-hand side of the carriageway. The impact flung the elderly cyclist into the air, causing him to strike the windscreen before landing on the ground.
Instead of stopping to render assistance, Mastrolembo drove away from the scene. Later, when he arrived at work as a Farmer Jacks store manager, he told a colleague handling insurance claims that he had hit a kangaroo. To support this false story, he even drew a picture of the marsupial and attached a cord to the bumper of his Mitsubishi ASX to prevent it from dragging on the road.
Original Trial and Sentencing
At his District Court of WA trial, Mastrolembo unsuccessfully argued that he had an honest and mistaken belief he had struck a kangaroo. In December 2024, Judge Laura Christian sentenced him to four years and three months in prison. She described the kangaroo claim as a deliberate lie, stating that Mastrolembo must have known or believed he had hit a person.
Judge Christian emphasized that while Mastrolembo was not responsible for the collision itself, he had a duty to stop and provide assistance. His failure to do so was labeled as callous. Additionally, she disqualified him from holding or obtaining a driver's licence for four years upon his release.
Appeal Focuses on Driving Record
Mastrolembo appealed the sentence, arguing that Judge Christian erred by considering his extensive history of traffic infringements—30 over 25 years—in determining the need for personal deterrence. His defence counsel, Jonathan Davies, submitted that paying infringement notices was not evidence of committing the offences and should not have been factored into sentencing.
On Wednesday, two out of three Court of Appeal justices, Robert Mitchell and Troy Sweeney, agreed with this argument. They noted that the sole offence for which Mastrolembo was sentenced was of a significantly different character, revolving around his failure to stop rather than his driving.
Reduced Sentence and Parole Eligibility
The judges resentenced Mastrolembo to three years' imprisonment and imposed a driver's licence disqualification of the same length. Because his new sentence is less than four years, he will be eligible for parole after serving half of it—just 18 months. This reduction means he could be released in a matter of months, depending on parole board decisions.
This case has sparked discussions about sentencing guidelines and the weight given to prior traffic offences in hit-and-run incidents. The outcome highlights the complexities of legal appeals and their impact on justice for victims and their families.
