A P-plate driver who fell asleep on the wheel, killing two cyclists in Sydney’s northwest in 2019, has escaped conviction for unhealthy driving inflicting loss of life.
Nicholas Parker modified into driving for lower than 10 minutes in Richmond on his manner to his apprenticeship when the crash came about.
See the video above
He swerved onto the wrong side of the avenue old to colliding head-on with cyclists Geoff Havill and Chris Culver who had been out for an early morning bike lunge.
“Right here’s a in actuality tragic case,” Decide Deborah Payne told the courtroom on Wednesday.
“(However) I have to no longer let sympathy or emotion sway my verdict.”
The courtroom heard Parker had slept handiest six hours old to getting within the support of the wheel.
“I fell asleep!” he told witnesses on the scene, the courtroom heard.
“Did I hit but another automobile?”
Havill died on the scene whereas Culver modified into rushed to health facility nonetheless didn’t survive.
The judge licensed Parker’s proof that he “modified into asleep on the time of the collision”.
Parker modified into found no longer responsible of unhealthy driving inflicting loss of life.
However he can also restful face detention heart on a separate charge of negligent driving if he’s found responsible.
At the conclusion of the trial, Parker pleaded responsible to crossing onto the wrong side of the avenue.
He faces courtroom again next month.