A Mailors Flat motorist whose momentary lapse of attention killed a father-of-three two years ago says not a day goes by that he doesn't think about the horror crash.
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Joshua Lombardo, 23, pleaded guilty in the County Court of Victoria last month to driving in a manner dangerous causing death.
On Wednesday, he avoided a mandatory jail sentence and was sentenced to a three-year community correction order.
Under that order, he must do 250 hours of unpaid community work.
His driver's licence was disqualified for 18 months.
Lombardo was heading to work on the morning of March 30, 2020 when he turned right onto the Hopkins Highway at Bushfield and into the path of Warrnambool motorcyclist Aaron Flack, 46.
The pair collided and Mr Flack died of chest injuries at the scene.
Judge Michael Cahill said Lombardo's driver-side window was fogged up and therefore obscured.
"You misjudged the distance between your car and the motorcycle and failed to give way to it with dreadful consequences," he said.
He said Lombardo made a "momentary lapse of judgement" which ended in the loss of a human life.
Judge Cahill said Mr Flack's family were burdened and shocked by his death.
"The loss for them has been profound," he said.
He said victim impact statements from Mr Flack's parents, wife and three teenaged children spoke of the "burning impact of their heartbreaking loss".
The judge said the offence of dangerous driving causing death was a serious one, particularly when it was associated with a loss of life.
"Ordinarily a sentence of imprisonment must follow," he said.
But Judge Cahill said Lombardo's moral culpability was at the lower end of the range and that he wasn't speeding or affected by drugs.
He said he was satisfied Lombardo was remorseful at the time of the collision - stopping to give Mr Flack all the assistance he could and immediately accepting responsibility.
The court heard that during an Office Of Corrections assessment, Lombardo said he was sorry and that "not a day goes by that I don't think about it".
The judge said the man was a youthful offender with strong family support, had an exemplary work life and a low risk of recidivism.
He said he was also satisfied that Lombardo's mild symptoms of anxiety and post traumatic stress disorder would likely be "severally exacerbated if imprisoned".
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Jessica Howard
jessica.howard@warrnamboolstandard.com.au
jessica.howard@warrnamboolstandard.com.au
