Truck driver jailed over death of elderly man on Hume Highway

It was a fine day for driving. The air was clear and road dry, and the driver could see 200 metres ahead, to where the road began to curve upwards.

But Gerard Christian Degroot, 47, did not see the two cars pulled over, one after the other, on the side of the Hume Highway at Yass. He did not brake, or slow down, a court heard, but swerved to the right at the last minute.

It was not enough to avoid a collision, and the front left corner of his prime mover hit the first car and then 83-year-old Francis Paterson, who was leaning on the driver’s side, talking to the man behind the wheel.

His wife was in the first car, and his wife’s sister and her husband in the second.

Mr Paterson died as a result of the injuries he sustained on the morning of March 11, 2015.

On Friday, Degroot was sentenced to prison for two years and three months, with a non-parole period of 15 months. He will be eligible for release on August 26 next year.

In sentencing, Justice Phillip Mahony rejected a pre-sentence report that suggested Degroot did not feel remorse for the offence, and instead found him truly remorseful.

The report also said Degroot blamed in part the victim for the accident, for not pulling over far enough out of the left hand lane.

But Degroot pleaded guilty early on, and the court heard that in cross-examination he said: “I killed a man, and I am guilty.”

He said if he could replace the deceased, he would.

The accident was not the result of a momentary lapse of attention, the court heard. It was not because of speed or illicit substances, though cannabis and methamphetamine were detected in his blood. And it was likely not because he was on his phone, though he had been earlier on and while driving.

It was caused by a significant period of inattention or distraction, by a heavy vehicle licence holder who had driven the Hume Highway six times a week for 20 years, the court heard.

Degroot failed to keep a proper look out, Justice Mahoney said, and because of his experience there was a greater moral culpability.

A victim impact statement was tendered by Mr Paterson’s wife, and Justice Mahony said it was common sense that the loss of him would have had a significant impact on the lives of his family.

Degroot had a number of supporters who attended the District Court sitting in Queanbeyan on Friday, and he mouthed “I love you” to them as he was escorted from the court.

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