Brock Kusen, 20, will instead complete 400 hours of unpaid work as part of a four-year community corrections order, and be banned from driving for two years.

Judge Paul Lacava said Kusen would have to live with the consequences of drifting onto the wrong side of Rutherglen-Springhurst Road on June 1 last year. 

He collided head-on with Miss McLennnan’s car and the 23-year-old died in hospital three days later.

Police ruled out drugs, alcohol, speed and mobile phone use, and barrister Diana Price argued Kusen may have had an involuntary “micro sleep” before the crash, but a jury in Wangaratta County Court last week found him guilty of dangerous driving causing death.

“The defence based around a micro sleep was a long bow and the jury was entitled to see it that way,” Judge Lacava told the court on Wednesday. 

“I agree with the decision of the jury – there was simply too much evidence that you were alert and awake and driving properly in the lead-up to the collision.”

The offences carries a maximum sentence of 10 years in jail, but the judge found the crash to be one of the exceptional cases where punishment and rehabilitation should not be through time in prison.

Miss McLennan’s family and friends stormed out of court in tears, some calling “bulls---” after hearing the decision.

The family had used their moving victim impact statements in court to accuse Kusen of showing no remorse.

Judge Lacava said he accepted that police told Kusen to stay away from them and thought their extreme grief and devastation led them to become confused about his regret.

“In my judgement, you are genuinely remorseful for your actions and the devastating consequences it has had for all concerned … You have conducted yourself with composure and dignity throughout this trial and plea and that is to your credit,” he said.

“Because you were injured in the collision and suffered memory loss, you have struggled with questions as to why you caused the collision – a question that can never be answered. “Your parents have stated you wanted to reach out to Miss McLennan’s family to apologise for what you did, only to be told that you could not.”

Kusen held his composure throughout the sentencing in court. He looked stunned and his family and friends cried in relief after learning he would not be sent to jail just days before Christmas.

A psychologist had diagnosed Kusen with adjustment disorder, stating the 20-year-old suffered sleep disturbance and found it hard to cope with the monthly anniversary of the crash.

The prosecution had argued the “grave” act of causing a crash that killed an innocent person driving to work could only be punished with jail either in adult or youth prison, to deter others from doing the same.

Judge Lacava said Kusen’s lack of criminal history, his good character and youth meant there was less need for general deterrence and a community corrections order was the right outcome.

“I’ve concluded from all the evidence that your prospects of complete rehabilitation are excellent and I should not do anything to impede that,” he said.

“If you step out of line in any way, you will be dealt with by me.”

RELATED: