HE didn't set out to kill anybody, but taking his eyes off the road to check his phone's GPS meant that Innocent Oliver Idokoh took a man's life.
The tragic death of Trent Heffernan that day, three years ago, robbed a community of a husband, a father, a brother and a friend, Toronto Local Court heard on Wednesday.
"He didn't mean to kill anybody, but you did," Mr Heffernan's distraught wife said, while looking straight at Mr Idokoh as she read out her victim impact statement.
Her husband's death has had a major financial impact on the family, and left behind children with separation anxiety, she said.
He was his oldest son's best mate, his middle son's hero, and precious to his daughter, and all three would miss out on having him around for a hug when they got their first job, to wipe away tears when life gets tough, or to walk his daughter down the aisle one day, Ms Heffernan said.
"We lose him every day and will continue to lose him every day for every day of our lives," Ms Heffernan said.
Mr Idokoh, 43, a disability aged care worker, was sentenced to eight months after pleading guilty to negligent driving occasioning death, to be served by way of an Intensive Corrections Order.
He had just finished a double shift at a disability home in East Maitland about 6.50am on the day of the crash, November 29, 2020.
He was on the way to meet his wife and children at Fennel Bay, and had propped his phone up on the dashboard behind the steering wheel.
As he travelled north he reached a right hand curve, where his vision was restricted, the road was marked with double white lines, and an advisory sign suggested a reduced speed of 70kmh.
Mr Heffernan was travelling in the opposite direction, in a smaller car, about 88kmh. Vision around the bend for each of them was restricted to a distance of about 150 metres, Magistrate Peter Barnett SC said.
"That's less than three seconds between when they see each other and when they would've reached a point where they should have passed each other," he said.
"He was alerted to the restricted vision and he decides to look at a mobile device, that has to be, in my opinion, and I find, a severe departure from the standard of a prudent driver.
"The starting point would be that a prudent driver wouldn't do it at all ... but you do it at an area of road where you have to negotiate a change of direction, where you've been warned that the vision is so restricted one should maintain one's side of the road, has to have increased the degree of that departure considerably.
"In my opinion, as far as the negligent drive charge, it sits well into the mid range of objective seriousness.
"We're not dealing with somebody who set out to commit a crime, we are not dealing with someone intending the terrible consequence this is having.
"The concept itself of negligent driving involves somebody that's not setting out necessarily to drive negligently. However, I have to acknowledge in this sentence ... you must never lose sight of the fact he has taken a human life and as a consequence ruined so many others."
Mr Heffernan's family who were gathered in court were clearly disappointment with the outcome.
In addition to the intensive corrections order, Mr Idokoh was ordered to complete 100 hours of community service, and was disqualified from driving for two years.
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