The family of a woman killed in a head-on collision with a garbage truck in Darwin has condemned the truck driver's suspended sentence as "an insult to her memory".
Shah Newaz, 32, was behind the wheel of a fully laden garbage truck in July 2019 when he failed to brake in time to avoid banked-up traffic near a roundabout on McMillans Road in Knuckey Lagoon.
The 17-tonne truck, which had been travelling at 81 kilometres per hour, skidded into the rear of two vehicles before veering onto the wrong side of the road and smashing head-on into a small hatchback, killing 51-year-old Trish Bartlett.
Newaz pleaded guilty to dangerous driving causing death last week.
Justice Stephen Southwood today told the Northern Territory Supreme Court Newaz had nine seconds to respond to the changing traffic conditions ahead of him.
"But he failed to do so until the crash was unavoidable," he said.
Justice Southwood said the death had devastated Ms Bartlett's family, including her husband David, whose victim impact statement was summarised in court.
"It has left him haunted, wondering if she saw the truck coming and knew it was going to hit her," the judge said.
"The shock of her traumatic passing has caused unrelenting grief, which has been crippling for him and his family."
Judge exercises 'some mercy'
Justice Southwood also summarised five character references for Newaz, who was born in Bangladesh and has been living in Australia since 2016 on a working visa.
The referees described him as a decent, hardworking and trustworthy man who was truly remorseful for his serious mistake.
"He understands that there is nothing he can do to lessen the pain and the emotional anguish which has been caused to the deceased's family," Justice Southwood said.
The judge acknowledged the need for appropriate penalties to deter others from adding to the Northern Territory's disproportionately high road toll.
But he said given Newaz previously had an unblemished driving record with no prior offences, prison time was not warranted.
"In my opinion, this is an appropriate case to exercise some mercy," Justice Southwood told the court.
"I do not believe that this is an appropriate case to impose an actual term of imprisonment on the offender.
"The imposition of an actual term of imprisonment would compound the great tragedy which has already occurred."
He gave him a three-year sentence, suspended immediately, and ordered he not obtain a heavy vehicle licence for 10 years.
No sentence will ever be enough: family
In a statement issued after the sentencing, members of Ms Bartlett's family expressed deep disappointment.
"No sentence will ever be enough to obtain justice for the loss of Trish," they said in a statement.
"But a suspended sentence with no time served is a complete insult to her memory, her life, her family, and to her grandchild that she never got to meet.
"We have had to learn how to live our lives without the woman who lifted us up when we were in our darkest times, and we now face our second Christmas without her.
"This sentence has now ensured that again, we feel no peace at a time of the year that is meant to be filled with love and laughter."
They said courts needed to focus on the impact on victims' families instead of the personal circumstances of offenders.
"Sentences like this are becoming far too common in the Northern Territory and it's doing more harm than good to our community and our faith in the justice system."
