RAYMOND John Coles, the man convicted of hitting and killing a British tourist last year, has escaped jail.The 27-year-old, from Lockhart, was driving to work when he accidentally hit Vivienne Tremain as she was cycling along the Collingullie Road on April 6, 2010.Coles was convicted of negligent driving occasioning death in Wagga Local Court last month and was yesterday sentenced to an eight-month intensive correction order (ICO) and disqualified from driving for 18 months.Magistrate Tony Murray said he viewed the offence as serious but took into account it was a momentary lapse in judgement.An ICO can be served in the community under the strict supervision of Corrective Services NSW and requires offenders to complete a minimum 32 hours of community service, subject to drug testing and be subject to random, unannounced home visits.The ICO sentence will commence is 14 days.Mr Murray said he had been of the view a custodial sentence was appropriate but after ordering an ICO assessment, which returned positive, he chose to impose the lesser penalty.In handing down his decision, Mr Murray said if Coles breached the order then he faced the prospect of going to jail for the remainder of his sentence.During the sentence hearing in February the Crown prosecutor conceded the accident was a momentary error in judgement as Coles had been attempting to overtake at the time.Mrs Tremain was killed instantly when hit by Coles, who was travelling about 80kmh at the time of impact, while her partner Jesse Orchard suffered minor injuries and has since returned to England.
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