Man sentenced for killing pedestrian on Comur

A JUGIONG driver who accidentally killed an elderly pedestrian in Comur Street has been sentenced for negligent driving in Yass Local Court today.

Yass Vinnies volunteer June Emily Smith, 66, died from injuries sustained after she was hit by a vehicle at 5.05pm on October 9 last year.

She had been carrying her shopping as she embarked across the crossing when the green pedestrian signal flashed and beeped permission.

She was hit by a vehicle slowly turning right from Meehan Street, and died the next day.

The court heard the driver, Gary George Box, 64, had been deeply distressed, withdrawn and remorseful since the incident, according to several character references.

He was charged with negligent driving causing death, and pleaded guilty at the earliest opportunity.

Police told the court the intersection is controlled by a singular set of traffic lights with no dedicated right-turn arrows for motorists.

Box had been making a right-hand turn after his lights turned green.

“The accused has attempted to turn right at slow speed from Meehan Street onto Comur Street, and in doing so the front bull-bar… has collided with [her] right side.”

Mrs Smith was thrown a distance from the vehicle and bumped her head on the roadway, causing major bleeding.

Box stopped and reversed his vehicle away from Mrs Smith and when he came to assist her, was “visibly shaken and distraught”.

Mrs Smith was treated by paramedics before being transferred to Canberra Hospital with a fractured skull, a closed head injury and swelling on the brain, police said.

She was pronounced dead the next day.

Blood samples from both the accused and the victim reveal neither had been drinking at the time of the accident.

In sentencing Box today, Magistrate Caroline Huntsman said in cases like these the impact on the family and friends of the victim was significant and distressing. Mrs Smith’s husband John had been robbed of his wife of 39 years. It was also often distressing for the accused.

She was required at law to ensure the sentence reflected an adequate punishment; prevented future crime activities by the defendant; protected the community; promoted the rehabilitation of the defendant; made the accused accountable for his actions; and recognised the harm his actions had forced upon the victim of the crime.

The loss of life and the impact this had on loved ones was the highest aggravating or mitigating factor for consideration.

“The injuries, the emotional harm, the loss and damage was substantial, and cannot be described otherwise when there is the death of a loved one,” she said.

But in negligence terms, he was at the lower end of the scale, for he had no prior convictions for similar offences, was of good character, was unlikely to reoffend and had shown significant remorse for his actions.

His character references had indicated he had accepted accountability for his actions.

“He is not at the upper range of culpability.”

Box had told people at the scene that the sun had momentarily gotten into his eyes as he turned the vehicle.

Magistrate Huntsman said drivers should stop moving forward in any instance where vision is impaired while driving, although this incident happened in a matter of seconds and this advice may not have been possible.

Box is a significant member of the Jugiong volunteer community and has been integral in establishing a fund designed to help local residents diagnosed with cancer or other life threatening illnesses with accommodation and travel costs associated with attending necessary treatment centres in the city. It had so far raised $20,000 for those in need.

The maximum sentence for negligent driving causing death is 18 months in jail and a licence disqualification of three years.

In 47 per cent of cases, the offender is placed on a good behaviour bond. Twelve per cent of cases result in a Community Service Order or suspended jail sentence, and six per cent are sentenced to home detention.

Magistrate Huntsman convicted Box, placed him on a two-year good behaviour bond and disqualified him from driving for 18 months.