![The man was charged after two teenage girls tragically died in a boating accident at Lake Keepit, in December, 2022. Picture file The man was charged after two teenage girls tragically died in a boating accident at Lake Keepit, in December, 2022. Picture file](/images/transform/v1/crop/frm/150521478/13ea4f21-c7d3-4eda-b3f1-fd4aefee95f1.jpg/r0_0_1200_675_w1200_h678_fmax.jpg)
A COURT has heard the driver of a boat has been left "devastated", "affected", and "genuinely remorseful" in the wake of a tragic accident that killed two teenage girls at a lake near Tamworth.
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The man, who was behind the wheel of a boat when the biscuit it was towing collided with submerged trees at Lake Keepit, was flanked by family members when he fronted Tamworth Local Court on Thursday, September 21, for his sentence to be handed down.
The driver of the boat, who cannot be named to protect the identity of the victims, had previously pleaded guilty to two charges of operating a recreational vehicle negligently, and causing the death of the 13 and 14-year-old girls.
Magistrate Julie Soars told the court she had thought "quite carefully" about the appropriate sentence, after hearing and reading victim impact statements from the families of the two girls, and submissions from the prosecution and defence at an earlier sentence hearing.
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"Two families have each suffered the loss of a young child," Ms Soars said.
"A loss that can never be overcome.
"And one they will have to deal with for the rest of their lives."
The man was charged with operating the ski boat negligently after the biscuit the two girls were riding on collided with dead trees sticking out of the water at about 4pm on December 27, 2022.
Agreed police facts show the man was driving the boat about 20 metres from the tree line when the ski boat started going over a number of wakes created by another boat on the lake.
The biscuit started bouncing on the wakes and sliding towards the submerged trees, before colliding with a large tree sticking out of the water.
The girls were thrown from the biscuit and suffered fatal injuries.
During the earlier sentence hearing, the father of the 13-year-old girl told the court it filled him with "horror" to think about what the teenagers went through in the moments before the tragedy.
"My heart bleeds," he said.
![Members of the public tried to revive the two teenagers at the Ski Gardens Caravan Park. Picture file Members of the public tried to revive the two teenagers at the Ski Gardens Caravan Park. Picture file](/images/transform/v1/crop/frm/150521478/61af2f94-5af2-4332-b337-1b38c55e8388.jpg/r0_0_1200_675_w1200_h678_fmax.jpg)
Victim impact statements from the mother, and the parents of the 14-year-old girl, and character references for the accused had also been tendered at the hearing.
During sentencing, Ms Soars told the court the references spoke of the man as an "upstanding member of the community", a volunteer, and someone who worked hard to support his family.
"I accept the defendant is devastated, personally affected, and genuinely remorseful," Ms Soars said.
Earlier submissions from the man's defence barrister indicated the collision was a "misjudgement" and did not come as a result of the man acting dangerously, or driving at an excessive speed, or too close to the tree line.
The defence barrister said the man, who had held a boat licence for more than 40 years without any accidents, lost control when going over the wake.
At the time, he asked the court to consider convicting the man without imposing any further punishment, submitting he had to live with the loss of the two girls for the rest of his life.
Police prosecutor Sergeant Rob Baillie submitted the man had acted negligently by driving the boat too close to the tree line.
"There was a known foreseeable danger," Sergeant Baillie previously told the court.
He submitted that the offending had crossed the threshold for a prison sentence, but said the man was suitable to serve it in the community, by way of an intensive correction order, or ICO.
Ms Soars said she accepted the prosecution submission that the man was operating the boat too close to the dead trees.
She said it was still, however, a momentary misjudgement, but did not accept the defence submission that the offending falls at the lowest end of objective seriousness.
"It was closer to the mid-range of objective seriousness," Ms Soars said.
After taking into account the "strong impact" the offending has had on the community, and the good character and strong remorse of the man, Ms Soars said she did not find the threshold for a prison sentence had been crossed.
She also said she did not accept a conviction without any further punishment would be appropriate.
Ms Soars convicted the man and sentenced him to a 12-month good behaviour order for each offence.
He was also disqualified from holding a boat licence for 12 months.
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