A FOREIGN worker who caused the crash that killed Kim Chan on the Oxley Highway is banned from driving for three years.
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Jhe Cian Lin, 25, was sentenced to a 13-month community corrections order in Tamworth Local Court on Wednesday.
He was behind the wheel of a red Ford sedan travelling west on the highway when two other vehicles, a silver Ford and grey Toyota, collided head-on in 2017.
The unusual nature of the case caused Magistrate Julie Soars to question whether there were guidelines for how to sentence Lin.
"The defendant was following the deceased, attempted and commenced to overtake," she said.
"The deceased then sped up and the plea of guilty is on the basis that Mr Lin didn't abandon his attempt to overtake; he continued and pulled back into the right side of the road.
"That caused the deceased to brake and turn to the left, where he then veered across the road and had impact on cars coming the other way.
"The offender stopped after looking in his rear-view mirror, but the police allege the offender should have stopped his attempt to overtake."
Kim Chan died at the scene in March 2017; his sister was injured behind the wheel of the Toyota.
A victim impact statement written by Chan's sister Bella was handed to the magistrate.
The maximum penalty for negligent driving causing death is 18 months' imprisonment.
For causing bodily harm by wilful neglect while in charge of a motor vehicle, the maximum penalty is two years.
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Multicultural NSW Chinese interpreter Pak Wing Lee was present in court on Wednesday to help deliver Lin's sentence.
Lin pleaded guilty to both charges in March. He had no prior convictions and one record of exceeding the speed limit by less than 10 kilometres.
Defence solicitor for Lin, Wendy McAuliffe, provided statistics in relation to the negligent driving offence.
"I will be making an application for a 25 per cent discount in this matter and I don't think that's something my friend disagrees with," Ms McAuliffe said.
Lin's sentence expires in June 2020.
Madeline Link
Madeline Link is a journalist at the Newcastle Herald, with a focus on Lake Macquarie City Council. To keep up with my stories, follow my Twitter @madeline_link, for tips email madeline.link@newcastleherald.com.au.
Madeline Link is a journalist at the Newcastle Herald, with a focus on Lake Macquarie City Council. To keep up with my stories, follow my Twitter @madeline_link, for tips email madeline.link@newcastleherald.com.au.
