A Berwick electrical apprentice has been spared jail after his “miscalculated” failure to give way killed another driver.
Jasper Milon, 22, pleaded guilty at the Victorian County Court to dangerous driving causing death – a mandatory jail offence unless there are “substantial and compelling circumstances”.
The P-plate driver had failed to give way as he tried to turn right in his father’s Hilux ute with a bullbar at an intersection near Carrum railway station about 7pm on 10 November 2020.
He drove in the path of 75-year-old Heather Tucker’s oncoming Mazda 121 about halfway through the intersection.
She died of “extensive and life-threatening” injuries at The Alfred hospital two days later, sentencing judge Gabriele Cannon said on 8 December.
An uninjured Milon submitted that he had miscalculated how close Ms Tucker’s car was, and was focused on the view ahead turning right.
“Essentially you failed to give way to her car when you ought to have done so.”
Police estimated Milon’s ute was travelling at least 19 km/h when he struck Ms Tucker’s car, who was travelling below the 60km/h speed limit.
The flat-level road was assessed as in “excellent” condition with extended visibility in all directions.
Judge Cannon noted the prosecution had effectively conceded there were “substantial and compelling” circumstances – including the low force of impact and Ms Tucker’s pre-existing ill health.
The crash was not so severe to activate Ms Tucker’s vehicle’s airbags or to damage the driver’s side interior.
Ms Tucker’s pre-existing health problems may have played a significant role in her death. They included severe asthma and end-stage heart disease.
She was on anti-coagulant medication at the time, which heightened her risk of death.
“The fact of the matter is that you did see Mrs Tucker’s car before you started your right turn, and you were in a car which had the potential to readily inflict damage to another vehicle which was not nearly as sturdy,” Judge Cannon said.
“However, as I have said, the impact appeared to be relatively gentle to my observation, although it obviously was sufficient to cause multiple injuries to a victim whose state of health prior to the collision was most precarious.”
The “miscalculation” led to a “tragic outcome for all involved”, including an “immense” impact on Ms Tucker’s husband, daughter and granddaughters.
Ms Tucker was regarded as the “backbone” of the family, and had rarely spent time apart from her grieving husband, Judge Cannon said.
Milon had no prior convictions, penned a “genuinely sorry” letter of apology to the Tucker family and had “exemplary” character references, the judge noted.
“I am satisfied that there are substantial and compelling circumstances which are exceptional and rare in your case which justify a non-custodial disposition.”
She imposed a two-year supervised community corrections order with 150 hours of unpaid work.
Milon was disqualified from driving for 18 months.
