THE driver of a ski boat who failed to keep right on a popular waterway, cut a blind corner and caused a head-on crash with a jet ski that killed the rider, 54-year-old Danielle Taylor, and seriously injured her young passenger, appears set to avoid a jail term.
David Lyle Boyd was towing a water skier behind a 5.6 metre vessel and heading north in the Myall Lakes waterways at Nerong on October 7, 2016. But Boyd was about 20 metres from the shore on his left when he rounded a blind left hand turn.
Maritime regulations state the driver of a vessel must keep to the right hand side of any waterway and vessels approaching each other are expected to pass "port to port".
But when he rounded the corner on the left hand side of the waterway, Boyd saw the jet ski fast approaching.
The two vessels were closing rapidly and Boyd took evasive action, pulling his boat further to the left at the same time Ms Taylor pulled her jet ski to the right, putting the vessels on a collision course.
They collided at speed about 20 metres from the southern shore of the waterway and Ms Taylor and her young passenger were ejected from the jet ski.
The pair were pulled from the water by Boyd, his family and other witnesses.
Boyd, a RAAF senior nurse who conducted numerous medical evacuations in war-torn countries, administered CPR to Ms Taylor but she could not be revived.
The young boy suffered a compound fracture of his left femur and a "moderately severe traumatic brain injury", according to court documents.
Boyd later spoke to police at the scene, telling them he: "came around the corner and a jet ski was coming towards us. I veered to the left toward the bank. They followed suit to their right, into our path. I powered straight off, they hit my nose, slightly starboard area. I stood up and saw two in the water."
After a lengthy judicial process, Boyd pleaded guilty to dangerous navigation occasioning death and dangerous navigation occasioning grievous bodily harm but looks set to avoid a jail term, in part due to the powerful subjective case presented by his lawyers, barrister Rebecca Suters and solicitor John Anthony.
Judge Jennie Girdham, SC, said Boyd was a RAAF nurse who had completed medical evacuations and recovery missions in war-torn countries including Afghanistan and East Timor and as a result suffered post-traumatic stress disorder.
"He has served his community and country in very significant ways," Judge Girdham said of Boyd.
She ordered Boyd be assessed for home detention as part of a 32-month intensive corrections order.
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