Those were the words uttered as Jake Rushby took the stand to give evidence in relation to a dangerous drive that led to the death of his 13-year-old brother. 

The court heard the family was changed forever after the heartbreaking day, when Rushby took to the wheel, unlicensed and in an unregistered and uninsured car. 

What started as the filming of his brother doing burnouts at The Rock, quickly turned to tragedy when the Ford Falcon overturned on Vincents Road as the pair travelled home on April 17. 

Stephen Rushby was the front passenger on the journey and was thrown from the vehicle as it rolled. 

He died on impact. 

Jake Rushby told Wagga District Court on Friday that he knew the Ford had been specifically modified for burnouts, with the brakes disconnected. 

“I was going to spend quality time with my brother,” Rushby said. 

“I can’t even look at a car the same now, I struggle even sitting in one.” 

Rushby’s mother, Lyn Mason, fought back tears as she told the court her family was now broken.  

“We are not doing very well,” she said. 

“We are not the same family anymore and we miss him (Stephen) terribly.” 

Judge Gordon Lerve said he had “the greatest suspicion” Rushby was driving faster than the claimed 30km/h at the time of the offence but couldn’t make a finding given the evidence before him. 

Rushby told the court he was driving slowly as he was aware his tyre was bald, which eventually blew on the drive home. 

“My brother was filming (during the burnouts), I wouldn’t allow him in the vehicle while I was doing something so silly,” Rushby said. 

“Without the brakes, I tried to correct it but the tyre popped and I lost control. 

“It was too late – I couldn’t do anything.” 

Ms Mason revealed to the court Rushby had suffered a “less than desirable” upbringing, witnessing abuse between his mother and father on a weekly basis. 

“I think he developed substance abuse issues because that is all he knew,” Ms Mason said. 

“We didn’t deal well (after Jake was put in prison), we didn’t think he was in the right state of mind to be in jail.”

Denied bail at his first court appearance after the crash, Rushby made a fresh application in April, after he was assaulted twice at the Junee Correctional Centre.

Rushby was bailed to attend his brother’s funeral and allowed to leave his home when accompanied by his mother or father. 

The bail was later varied to allow Rushby to work on his grandfather’s farm. Rushby pleaded guilty to all of the charges, after the case was originally committed for trial. 

Solicitor David Barron asked Rushby if he had any final words for the court. 

“No matter the outcome – I know this isn’t acceptable,” Rushby said. 

“Whatever you think is fair your honour.”

The Crown solicitor presented photos of the crash to the court, which indicated the car was thrown 10-metres from the road. 

“I want to suggest you were doing something in excess of 30 kilometres an hour,” he said. 

“If you were – that tyre wouldn’t have turned at all.” 

Rushby was convicted of dangerous driving occasioning death, prolonged/sustained loss of traction, never licensed driving and driving an unregistered and uninsured vehicle. 

“Young people must come to understand that a motor vehicle is potentially a lethal device,” Mr Lerve said. 

As the now 21-year-old awaited the sentence, Mr Lerve allowed Rushby to remain seated together with his mother and father. 

He was sentenced to two years and seven months’ imprisonment, with a non-parole period of one year and seven months. 

The sentence was backdated five months to account for Rushby’s initial 10 days in custody and his time on bail.