A Hunter man who was more than five times the blood-alcohol limit when he caused a crash that led to the death of his elderly father three days later has been jailed for a maximum of three years.
The death of Andrew Norman Forbes' 74-year-old father in November, 2017, was the "penultimate in a cavalcade of tragedies" for the family, Forbes' barrister Elizabeth McLaughlin told Newcastle District Court on Friday, going on to say the 42-year-old was aware there was no avoiding a prison sentence.
Forbes, who had been on bail, had several family members and friends supporting him from the public gallery as Judge Tim Gartelmann handed down his sentence.
The court heard the father of two had consumed 22 cans of beer to celebrate Melbourne Cup day on November 7, 2017, and drank two more the following morning before he got into his Toyota Hilux to pick up his father.
Norman Forbes was a passenger in the ute when his son lost control of the vehicle on the wet street and caused a collision with a BMW on Marconi Road at Morisset about 7.10am on November 8.
The court heard that the BMW braked heavily and "broadsided" the ute, leaving Mr Forbes senior with a fractured ankle, elbow and femur.
Forbes junior recorded a blood-alcohol reading of 0.253 soon after.
His father was taken to hospital where he required surgery for his fractured femur.
Read more: Police and court news
The court heard that his condition deteriorated over the coming days - he went into multiple organ failure and died on the evening of November 11.
In sentencing Forbes, Judge Gartelmann cited an expert medical report, which noted that despite several pre-existing conditions, Mr Forbes senior would have died without the surgery.
The medical report opined that the 74-year-old would have survived if he had not been involved in the crash, which was a significant contributor to his death.
Judge Gartelmann detailed Forbes junior's "extensive history of alcoholism" and made reference to "severe depression and anxiety" that had appeared after his brother died by suicide a few months before the crash that killed his father.
The court heard his mother died from cancer in 2015.
Judge Gartelmann said he was satisfied that Forbes was "profoundly remorseful".
Forbes was given a 25 per cent discount on the four-year sentence for pleading guilty to aggravated dangerous driving occasioning death at the first possible opportunity last November and was granted special consideration, so he will be eligible for parole in August next year.
- Lifeline: 13 11 14.
