An Indian student whose seconds of inattention caused a crash that claimed the life of a 66-year-old man has walked free from court, with the sentencing judge urging him to go and "live the best life you can".
In September 2017, Amritpal Sidhu was working as a delivery driver when he crashed his eight-tonne truck into the back of a sedan at a roundabout in the Perth suburb of Banjup.
The sedan, which was stopped or was slowing, was then pushed into a stationary 10-tonne truck, killing one of its passengers — Indian man Gubir Singh, who was in Perth visiting family.
Sidhu pleaded guilty to a charge of dangerous driving occasioning the death of Mr Singh, with the District Court hearing Sidhu was estimated to be doing between 77 and 79 kilometres per hour at the time he hit the sedan.
The court heard Sidhu was unable to explain when he lost concentration, causing him to overlook the vehicles in front of him, but it was estimated his inattention lasted between five and 24 seconds.
In her sentencing remarks, Judge Gillian Braddock described Sidhu as "a young man, with potential and with a future".
"I think of Mr Singh … and I am morally certain that (he) would wish to see you make the most of your life," he said.
"The best thing you can do in these circumstances is live the best life you can."
Judge Braddock described the case as a tragedy, highlighting the loss of Mr Singh who she said was passionate about education and whose voluntary work had included setting up summer schools for poor high school students.
Offence 'at the lower end of the scale'
The court heard Sidhu was in Australia on a student visa and was working as a delivery driver to pay for his education.
A psychological report presented to the court said he was deeply and genuinely remorseful and that his "concern principally has been for Mr Singh and his family".
Judge Braddock described Sidhu's culpability was at the "lower end of the scale" saying he had not deliberately taken a risk nor decided to be inattentive.
"It is something all people have to consider. You effectively hold the lives of others in your hands on the roads," she said.
"It is very difficult to deter people from being inattentive."
State prosecutors had argued Sidhu should receive an immediate jail term, but Judge Braddock ruled a 14-month suspended sentence was the appropriate penalty.
"Nothing you can do can undo the events of that afternoon," she said.
"You will carry this, I'm sure, for the rest of your life."
Sidhu's drivers licence was also disqualified for two years.
