The poor road and weather conditions that contributed to a negligent driver killing a partially blind 84-year-old man as he entered a pedestrian crossing all "just screams 'slow down'" and the offender should serve a jail term, a prosecutor has argued.
Subscribe now for unlimited access.
or signup to continue reading
Jennifer June Hutchison, of Hughes, fronted the ACT Magistrates Court on Thursday for sentencing proceedings after she pleaded guilty to negligent driving occasioning death.
Facts state that Hutchison, 62, was driving a Toyota Yaris about 5.15pm on June 18 last year when she struck Richard John McNamara, who was using a walking cane on the pedestrian crossing near the intersection of Brigalow and Hall streets in Lyneham.
Crash data showed she was travelling on Brigalow Street, limited to 50km/h, at 64km/h five seconds before striking the victim.
At the point of collision, the Yaris was travelling at 32km/h and the impact caused the man to wrap over the bonnet. His head struck the windscreen before he fell off the vehicle.
Witnesses included a woman who was undergoing a driving lesson at the time and a man and his two teenage sons.
When Hutchison parked her car nearby and went to the scene, a witness asked her if she was OK.
"I didn't see him," she replied.
When police arrived, Hutchison told them she had been driving with her car's headlights on and did not see the pedestrian.
Police later obtained CCTV footage from a nearby residence that showed the victim stopping at the crossing's edge for 17.5 seconds before entering it.
An analysis determined Hutchison "would have had a view of the crossing over a distance of 260.6m for about 15 seconds" at the speed she was travelling.
Paramedics took the 84-year-old man, who sustained serious injuries including to his head, to Canberra Hospital for emergency treatment, but he died six days later.
A mechanical inspection of the Yaris showed no indications of any mechanical or structural failure that may have contributed to the collision.
On Thursday, the court was played the CCTV footage of the horrific collision.
MORE COURT AND CRIME NEWS
- 'Who's that dude?': Confusion in court as man who rolled car admits driving at cop
- 'Simply not true': Lawyers contradict govt on jail's COVID outbreak response
- 'He's got a warning for Rebels': Cops admired vintage car before 'hostile search'
- 'Sir, be quiet!': Whimpering cabbie jailed for groping passenger
Defence lawyer Andrew Byrnes said that while the incident "can only be described as a tragedy", a community-based sentence was appropriate because of his client's "overwhelmingly positive" personal features, particularly the absence of a criminal history and a low overall risk of reoffending.
"There's not a day that my client doesn't think to herself how much she wish she could turn back time and undo what happened," Mr Byrnes said.
He said Hutchison just did not see Mr McNamara because of glare from other cars' headlights, fading light, the overcast and drizzling weather and the wet road.
He said the offender conceded she was speeding on that road, which she regularly uses to go to work at Brindabella Christian College as a personal assistant.
The court heard she had written an apology letter, which Mr Byrnes said was genuine and heartfelt remorse.
"I know myself how I'd feel about the loss of my own dad, but knowing I've taken the life of a father from someone else just devastates me," her letter reads.
Mr Byrnes said it was "a very genuine cross that she has to bear through for the rest of her life".
Crown prosecutor Trent Hickey said a jail term was needed to reflect the purposes of sentencing, with the significant one being deterring others.
Mr Hickey said it was up to the court as to how that jail term should be served.
He said the conditions that contributed to Hutchison not seeing the victim all "just screams 'slow down'".
"This was an elderly man who had a walking cane ... Care needs to be taken for the elderly," he said.
The court heard a medical report stated that Mr McNamara was blind in one eye and that a neurosurgical team who assessed him concluded he sustained "unsurvivable injuries".
"There's a high level of negligence because of the length of period that Mr McNamara was visible, or should have been visible," Mr Hickey said.
He said the offender did not brake until after the collision and that the prosecution case was strong because of the footage.
Mr Hickey said there was "no doubt that Ms Hutchison is going to be of good behaviour going forward".
Magistrate Robert Cook said "these matters are extremely difficult, always" and described the incident as "a significant tragedy where the life of a loved one has been lost".
Mr Cook has scheduled his sentence for August 4.
Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content:
- Bookmark canberratimes.com.au
- Download our app
- Make sure you are signed up for our breaking and regular headlines newsletters
- Follow us on Twitter
- Follow us on Instagram
