A delivery van driver for a Hallam food supply company has been jailed after fatally crashing into a cyclist in country Victoria.
Timothy Joel Scott, now 34, was on his way home from a delivery run for Gippy Gourmet when his van drove straight into the back of James Freeman’s bicycle on Yarrawonga-Benalla Road about 4.20pm on 24 March 2017.
Mr Freeman, a husband and father, had been riding 500 millimetres inside of the white line when his cycling companion in front of him heard an “almighty bang”, the County Court of Victoria heard.
As a result of the crash, Mr Freeman was thrown 35 metres, landing face up on the side of the road.
Despite the efforts of his mate and others, Mr Freeman died at the scene.
Mr Scott initially told police that he’d lost control of his truck as he veered to overtake the two cyclists in convoy.
During his over-correction, he crashed into the rear bike, he said.
But after contradictory forensic evidence, he pleaded guilty to dangerous driving causing death.
Mr Scott had set off from the Gippy Gourmet factory in Hallam about 6am that day.
He then delivered food supplies through northern Victoria and southern NSW and was on his way home to Delacombe, Ballarat.
There was no evidence of speeding – Scott was driving at a minimum 84 km/h in a 100 zone, Judge Clare Quin noted during sentencing on 10 October.
Nor was there suggestion of drugs, alcohol, use of a mobile phone or any mechanical fault with the van.
Judge Quin noted Scott had remained at the crash scene and attempted to help his victim.
In mitigation, he’d pleaded guilty early, shown remorse and had good rehabilitation prospects, she said.
She dismissed a defence argument that the crash was caused by Scott’s “momentary inattention”.
The driver should have been able to see the cyclists between 100 to 400 metres away on the straight section of road, she said.
“The dangerousness was your failing to take due care and attention when it was required.
“These accidents are all too frequent due to the inattention of drivers.”
Judge Quin rejected a defence submission for Scott to be sentenced solely to a community corrections order.
“As a result of your inattention, a man has lost his life through no fault of his own.”
Scott was jailed for four months, followed by a two year CCO with 75 hours community work.
He was disqualified from driving for 18 months.
