A CULCAIRN man put on an 18-month bond and disqualified for 12 months over a fatal accident in 2013 was unsuccessful with an appeal to the District Court yesterday seeking to avoid a conviction.
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Alexander Geoffrey Fenwick, 38, was sentenced by magistrate Tony Murray in Albury Local Court last December on a charge of negligent driving causing death.
Mr Murray said it was accepted that Fenwick was extremely traumatised by the accident which killed Wagga man Chris Smith, 62, about 7.45am on August 8, 2013, on the Culcairn to Holbrook Road.
The accident happened about four kilometres from Culcairn and Mr Murray said it was caused by momentary inattention from Fenwick.
Fenwick lodged a severity appeal which was heard in the District Court at Albury by Judge Gordon Lerve.
The court was told Fenwick, an engineer with the Wagga council, commutes daily from Culcairn.
He was driving a Ford Territory registered to the council and clipped the back of a B-double truck which had pulled on to the road from a farm.
The front left side of Fenwick’s vehicle hit the back right side of the rear truck trailer.
Fenwick’s vehicle crossed to the wrong side of the road and hit a Ford Mondeo travelling west and driven by Mr Smith.
The back wheel of the Territory travelled over the bonnet of the Mondeo, smashed through the windscreen and killed Mr Smith.
Fenwick was taken to the Albury hospital where blood and urine samples were obtained, both with negative results.
He told detectives he could not recall the accident apart from getting out of his vehicle.
A victim impact statement was tendered by Mr Smith’s wife, Dawn, who attended the sentencing last year and she was in court yesterday.
Judge Lerve said Fenwick travels about 60,000 kms annually and has held a licence since 1994.
The road was wet on the day of the accident after rain the previous day.
Judge Lerve said he accepted the accident has had a profound impact on Fenwick and he had driven 100,000 kms since without a blemish.
“The appellant has a record that entitles him to leniency,” Judge Lerve said.
He said such matters are tragic and Mr Smith’s family has been left grieving his loss.
Judge Lerve said he found beyond reasonable doubt that Fenwick failed to keep a proper look-out and was travelling at an excessive speed in the circumstances, but not exceeding the speed limit.
His appeal was dismissed and Judge Lerve confirmed the penalties previously imposed.
