Fight between sisters takes tragic turn

A Melbourne learner driver should not receive any jail time after her sister was killed in a horror crash, a court has been told.

Asyai Luk, 24, returned before the County Court of Victoria on Monday after prosecutors withdrew most charges, including dangerous driving causing death, in June, days before a trial was set to begin.

Luk instead pleaded guilty to summary charges of careless driving and driving as a learner driver without supervision.

She was supported by her mother Aleza Gwit, who the court was told had written a victim impact statement but did not want it to be read aloud.

Prosecutors told the court that Luk was driving her mother’s Dodge wagon on November 7, 2022, when an argument broke out with her sister, Gol Luk, 24.

The pair were captured on CCTV after the vehicle stopped on High St in Sunshine about 3.10pm having a verbal and physical altercation.

During the exchange, Gol Luk exited the car and was attempting to re-enter when Luk sped off.

Gol was dragged several metres while holding the door before striking a parked Nissan Patrol and falling to the ground screaming.

“The prosecution say the driving of the accused at this point was careless,” the prosecutor said.

“Unfortunately, in this moment everything went terribly wrong … one may never know what may have happened if there was a supervising driver.”

Luk left the scene and was arrested arriving home about four hours later, only then learning her sister had been injured.

The court was told she had been caught speeding more than 25km/h above the limit, also without a supervisor, just months before.

Gol Luk died in hospital shortly before 10pm after suffering extensive skull and facial injuries.

Prosecutors have called for Judge Kellie Blair to impose a fine with convictions, while Luk’s defence have argued for an adjourned undertaking to be of good behaviour without conviction.

The court was told a recent sentencing report for the charge of careless driving found no imprisonment sentences had been imposed, with 70 per cent of offenders receiving fines.

Luk’s barrister, Ian McDonald KC, said his client has suffered significantly from the loss of her sister and had faced significant “opprobrium” – or censure – from the community.

He argued a non-conviction would “minimise the disadvantage” to her life as she planned to study social work.

Mr McDonald said Luk had been driving carelessly for about a second before striking the parked car, with police no longer alleging she was aware of her sister attempting to re-enter the vehicle.

Judge Blair adjourned sentencing until Wednesday, saying she needed time to consider the arguments.

“I had really hoped I would be able to sentence Ms Luk today but there are a number of issues I will need to weigh up,” she said.

“Unfortunately, Ms Luk will need to return to court on Wednesday.”