The driver who caused the death of cyclist and prominent local businesswoman, Jill Bryant, on Mother’s Day last year will appeal a jail sentence handed down in Mudgee Local Court on Wednesday.
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Robin Mark Irvine, aged 34, of Rawson Street, Aberdare, was sentenced to 12 months imprisonment with a non-parole period of nine months, for the charges of negligent driving (occasioning death) and exceeding the speed limit by more than 20km/h (estimated).
He was also disqualified from driving for three years and fined $500.
At about 7.45am on Sunday, May 10, 2014, Mrs Bryant was cycling along the Ulan Road just outside Mudgee when Irvine’s vehicle entered the 50km/h zone, still doing about 70-80km/h, drifted over the side fog-line and hit her from behind.
After the collision, his vehicle continued on through a guard rail and into a culvert.
'It’s no small note that the defendant has caused the death of another human being.'
- Magistrate Darryl Pearce
Irvine initially told police that he’d had a sneezing fit but later admitted he was coming back from his third 12-and-a-half-hour shift at a mine in Ulan.
His solicitor, John Anthony, told the court the accident was due to fatigue and said his client had not been able to return to that type of work since.
He also said that Irvine wanted to express his remorse to Mrs Bryant’s family and that he accepted full responsibility for the accident.
Magistrate Darryl Pearce said even though he had little doubt the defendant suffered ongoing psychological issues as a result of the incident, the consequences warranted nothing less than imprisonment.
“It’s no small note that the defendant has caused the death of another human being,” he said.
“This is sending a message to the defendant and the community at large that this is unacceptable and jail is the only appropriate option.”
Irvine’s appeal against the severity of the sentence will be heard in Dubbo District Court on Wednesday, August 12, 2015, but he was refused bail in the lead up to that date.