Boy, 12, accused driver in fatal crash

Lawyers for a 12-year-old boy charged over a car crash that claimed a man’s life will argue he should not be held criminally responsible, a court has heard.

The boy, who cannot be identified because of his age, appeared in the Adelaide Youth Court for a brief hearing on Tuesday.

It is alleged he was behind the wheel of a Holden Commodore that rolled into scrub at Whyalla Stuart on the Eyre Peninsula, west of Adelaide, in July this year.

A 20-year-old passenger sustained serious injuries and was airlifted to the Royal Adelaide Hospital, where he later died.

Another passenger, an 11-year-old boy, was left with multiple limb injuries and taken to the Whyalla Hospital for treatment.

The boy who was allegedly driving the car was treated for minor injuries and charged with causing death by dangerous driving and causing harm by dangerous driving.

He is also facing charges of driving an unregistered and uninsured motor vehicle, and aggravated driving without due care over the crash.

The Youth Court heard lawyers for the boy will argue he was not capable of forming the intent to commit the crime because of his young age.

Magistrate Luke Davis urged the boy to continue with his good behaviour while on bail, and set a date for a pre-trial conference in November.

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