Canberra Man Avoids Jail for Fatal Negligent Driving

A Canberra man has avoided jail after he was sentenced today in the ACT Supreme Court over a fatal accident which claimed the life of motorcyclist and father of four Craig O'Neill two years ago.

Sean Joshua Walton, 43, was found guilty of negligent driving causing death by a jury last month.

He had been driving his children to sport in his tipping truck when he hit the Harley Davidson ridden by 47-year-old Mr O'Neill as he turned right at the intersection of Southern Cross Drive and Beaurepaire Crescent in Holt.

The court heard he had been watching a red car in oncoming traffic, which appeared to be slowing to turn, and completely failed to see Mr O'Neill.

Acting Justice Peter Berman found Mr O'Neill had been in front of the red car with his headlight on, rather than behind, which had been suggested.

"It is difficult to understand how the offender could have failed to see Mr O'Neill. The offender was in an elevated position in his truck giving him a good view of the traffic coming towards him," Acting Justice Berman said.

"But had the offender kept a proper lookout, he would have seen the motorcycle and easily so.

"The essence of the offender's criminality was that the offender was focused on one aspect of the approaching traffic, namely the red car, to the exclusion of other important things which he needed to notice in order to drive safely."

Mr O'Neill's family told the court their lives had been changed forever because someone was too impatient, and made a split-second decision with a catastrophic outcome.

Acting Justice Berman acknowledged the harm.

"It was impossible not to be moved by the eloquent and heartbreaking statements of the harm which the offender's criminal behaviour has caused," Acting Justice Berman said.

"Mr O'Neill's death has left an enormous hole in the lives of many people — a hole which will never be filled.

"He was a kind and caring man who was loved and who will be deeply missed."

But Acting Justice Berman also acknowledged the profound remorse demonstrated by Mr Walton.

"The harm that the offender's conduct has caused is obvious to everyone, including the offender himself,"

Acting Justice Berman said.

Walton was given a suspended sentence of 14 months, with a good behaviour order and he has been banned from driving for nine months.