Hayden Waterhouse: Driver pleads guilty to dangerous driving after Jamerson Ross, 23, killed during birthday celebration

The mother of a young tradie killed in a hit and run while out celebrating his birthday has told a court the “senseless tragedy” has forever altered her family.

Jamerson Ross, 23, had spent the evening partying with friends at the Westernport Hotel in Hastings, in Melbourne’s southeast, on October 8, 2022.

The group left shortly before 11pm and were walking back to Mr Ross’s home when he was struck and killed by Hayden Waterhouse, 36. Waterhouse was initially charged with murder; however, the charge was dropped in August after prosecutors accepted he did not intentionally hit Mr Ross.

He returned before the Victorian Supreme Court on Friday for a pre-sentence hearing after pleading guilty to dangerous driving causing death.

Outlining the case, prosecutor Penelope Thorp told the court that the publican had described Mr Ross’s group as “well behaved”, but they had been asked to leave after close to four hours of drinking.

Some left in cars while eight friends joined Mr Ross in walking home on foot, the court was told.

Ms Thorp said some in the group were “mucking about” and had taken trolleys from a nearby Coles, walking on the footpath and road.

Waterhouse’s partner interacted with the group as she was driving home from work, telling him one man had run towards her yelling and struck her mirror.

Waterhouse jumped in his car, saying he was “going out to get some smokes”, she later told police.

Ms Thorp said Waterhouse reached the group on Coolstore Rd and with an angry tone asked: “Who hit my missus’ car?”

The court was told several of the group “surrounded” his car and one man kicked it.

Waterhouse “put his foot down”, veered to the right and ran over Mr Ross before leaving the scene.

Despite efforts from paramedics, Mr Ross died at the scene from head injuries, with Waterhouse returning about five hours later and approaching police.

“I drove down here earlier, I was involved,” Ms Thorp said he told an officer.

Waterhouse’s barrister, John Desmond, urged Justice John Champion to find he did not know he had struck Mr Ross, believing he had mounted a kerb.

“He thinks at the time he’s gone up on the gutter but of course he hasn’t; he’s tragically struck Mr Ross,” he said.

He told the court the evidence was the young men in the group were acting like “yahoos and carrying on”, with his client scared during the interaction.

He took the court through sections of Waterhouse’s police interview, where he described being “freaked out”.

“They’re hooligans stopping the cars,” Waterhouse said.

“I did not swerve to hit anybody, I took off and left and I went around the trolleys … It happened quickly, my instinct said to get out of here and I did.”

The court was told prosecutors disputed whether the trolleys were blocking the road because nine were later located about 40m away but accepted there were “obstacles”, likely other pedestrians, on the road.

Mr Desmond said if Justice Champion accepted the road was blocked, it should reduce Waterhouse’s moral culpability and knock “six to 12 months” off his indicated 4½ year sentence.

In victim impact statements, members of Mr Ross’s family and friends described the young man as selfless, generous and irreplaceable.

The court was told the marine electrician had an infectious zest for life and was hardworking with a focus on his future – buying his first home aged just 19.

“Jamerson never caused harm to anyone, instead he lifted up those around him,” his mother Chantelle Ross said.

Ms Ross told the court that her family had been plunged into an abyss by the “senseless tragedy”.

“Despite my efforts to avoid emotion and anger, I can’t help but ask why my Jamerson?” she said.

“No mother should have to endure the loss of a child.”