Springhill Rd cycling fatality driver Randall Stone's sentence slashed on appeal

Randall Gordon Stone was to serve a 15-month term of imprisonment in the community, by way of an intensive corrections order (ICO), over the November 10 death of Thirroul grandfather and lawyer Tim Horsley.

On Wednesday Wollongong District Court judge Andrew Haesler cut the term to four months. He also reduced Stone's period of disqualification by six months (to one year) and, in line with court regulations that make community service proportionate to jail time, reduced Stone's required hours from 120 to 80.

The court heard Stone did not appear to have attempted to brake in the moments before the collision, which occurred in clear weather on Springhill Road about 7am, after a red hatchback travelling between Stone's dual cab ute and Mr Horsley's bike left the lane to overtake. The ute ran directly into the back of the bike. Mr Horsley died in hospital four days later.

The judge considered Stone's good recent driving history, multiple personal references attesting to his good character, and various reports showing he had insight into his offending, referring to it as "sad" and "horrible" and commenting, "the poor man was just going out for a bike ride".

In July, the 52-year-old pleaded guilty to a charge of negligent driving occasioning death. The plea meant the matter never went to hearing and finer details of speed, distance and sequence of events were never brought under the court's scrutiny.

Stone's defence lawyer, Graeme Morrison, told the court his client simply didn't see Mr Horsley.

"There's no speed involved, no alcohol involved, no drugs involved. He just didn't see the cyclist. He should have. But whether he was distracted by the vehicle in front veering into the next lane - whether his vision went to that - we don't know," he said.

"You're supposed to keep a proper lookout for what's in front of you," the judge said.

"Yes, but I think Your Honour could conclude the vehicle [changing lanes] in front obscured my client's vision."

Mr Morrison pressed for a community corrections order or a disqualification period alone. He said the 15-month ICO failed to give Stone the 25 per cent sentencing discount he was entitled to for his early plea, given the maximum possible penalty was an 18-month term.

Jason Lee for the DPP stressed the "strong need for general deterrence in all matters involving a motor car and death", but conceded the length of the ICO was "probably on the high side, given the plea and the maximum penalty that was available to the [sentencing] magistrate".

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The court considered sentencing statistics showing about 37 per cent of people charged with the offence receive an ICO.

Mr Morrison countered: "the majority of cases - 46.4 per cent ... receive a CCO (community corrections order)".

The court heard Stone's income depended on his ability to hold a license.

Judge Haesler found Stone's negligence amounted to "momentary inattention" that was nonetheless "a serious failure of his obligation to other road users".

"Nothing more needs to be brought home to this appellant. He has taken another man's life. He will live with that consequence for the rest of his life. And while I cannot and will not speak for the family who may be entitled to never forgive him, I accept that he is genuinely contrite."

"In this case, a short custodial sentence was in my view, warranted, short in the sense to fulfill the purpose of general deterrence and appropriate retribution for the crime committed."

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