No jail for fatal moment

Prison term suspended

A DRIVER with a very personal knowledge of the pain caused by road trauma has been given a prison sentence for killing a motorcyclist he failed to see.

But Robin Hastings will not spend anytime behind bars.

Hastings, 60, pleaded guilty to one charge of causing death by negligent driving in relation to a crash between his Triton flat tray and a motorbike on Kelsey Tier Road, Spreyton, in June last year.

The rider of the motorbike, Joshua Everett, hit the truck’s windscreen and died at the scene from blunt trauma.

The Burnie Magistrates Court heard Hastings told police at the scene he had not seen the motorbike and not known he had hit anyone until he heard a bang.

Magistrate Tamara Jago said neither Hastings nor Mr Everett had braked or skidded before the impact. She said there was police evidence Hastings had cut the corner as he turned into Bishops Road.

Magistrate Jago said Hastings was not paying sufficient attention to his surroundings but his inattention had been inadvertent.

“I conclude this inadvertent lack of attention was momentary. The moral culpability of a crime can not be gauged by the consequences ,” she said.

The court heard Hastings had personal knowledge of the pain caused by road trauma because his son was involved in a serious accident at the age of 16 and now lives in a vegetative state.

“I accept he is remorseful and is reminded daily of the incident as he drives that same route to work.

“From the victim impact statements provided by Mr Everett’s family their loss is enormous. No sentence can return his lost life or gauge the value of that life.

“A term of imprisonment must be imposed but it will be wholly suspended.”

Hastings was sentenced to three months in prison with the sentence suspended on the condition he be of good behaviour for 15 months. His licence was disqualified for 12 months.