Dane Lloyd Martin has been sentenced to prison until at least March, 2012, after pleading guilty in Dubbo District Court to charges of driving in a manner dangerous, occasioning death.

His friend Mark Leslie Johnston, 34, died at the scene of the accident between Rylstone and Kandos on February 7, 2009.

Mr Johnston’s mother, Robyn Johnston, said the sentence was fair.

“The sentence handed down will give our family the best chance possible to enable us to get on with our lives even though we can never get Mark back,” Mrs Johnston said.

Mrs Johnston said she hoped the sentence would warn other road users of the penalties that could apply if drivers are at fault when involved in a road accident.

“I hope that the sentence that Dane Martin will have to serve acts as a deterrent to people who take the risk of getting behind the wheel after consuming alcohol or breaking the speed limits,” she said.

Martin, also from Rylstone, broke down in tears as a Judge Stephen Walmsley read his judgment.

Sentencing submissions were made by Martin’s defence and the crown prosecution last Friday and a large group of family members was in court yesterday for the judgment.

Judge Walmsley told the court Martin had decided to drive himself and two friends home from a party after drinking a quantity of alcohol.

Earlier that night Martin was said to have consumed alcohol at two local hotels before going to the party, then giving Mr Johnston and Guy Murphy a lift back to Rylstone.

He lost control of his vehicle while travelling at high speed, with the car spinning and eventually colliding with a gum tree.

His blood alcohol reading was 0.117, a mid range PCA reading.

Martin’s defence was that he had swerved his vehicle to avoid a mob of kangaroos on the road.

Mr Walmsley said he took the balance of probability that Martin had swerved to avoid kangaroos but added that he also knew the risk of animals being on the road.