A nine-month jail sentence has been handed down to truck driver Aaron Bell after a judge said he breached his basic obligations by failing to give way, killing Wangaratta woman Roberta “Bobbie” Brown.
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But her husband Peter says no sentence will ever be enough to make up for the loss of the love of his life.
Bell, 28, was turning right from Warby Street into Ryley Street at 8am on January 16, 2017, when he struck Mrs Brown, 53, who was walking along a pedestrian crossing at the traffic lights.
He pleaded guilty to dangerous driving causing death.
Judge Michael McInerney told Wangaratta Court on Tuesday he watched the CCTV footage of the crash many times.
“Mr Bell had ample response time had he observed Mrs Brown,” he said.
“The fact is he did not see her or her dog on making that right-hand turn.
“When he did see her he ‘jumped on everything’, but of course it was too late.”
Judge McInerney said he did not accept the defence from Bell’s barrister that he had low moral culpability.
“This death came about by way of momentary inattention by Mr Bell, but involved a serious breach of obligation as a driver, which put the public at risk,” he said.
“From the CCTV, it’s clear Mr Bell was immediately very upset at what he had done, he seems to have immediately gone into a state of shock and drops to his knees to see the severity of the scene that he had created.”
Bell’s licence was also disqualified for 18 months and he will have to complete a two-year community corrections order when released from jail.
Judge McInerney said he accepted Bell’s guilt and remorse, and he was “as merciful as can be in all the circumstances”, but could not tolerate the offence of dangerous driving.
“His post-traumatic condition has exasperated due to the fact his life is on hold until this sentence,” he said.
“In reality, it is difficult to arrest the trauma of losing such a loved mother and wife, giving a sense of closure.”
Speaking outside court, Peter Brown said he was deeply in love with his wife of 30 years and would love her forever.
“There’s no sentence to satisfy my deep loss,” he said.
“Bobbie was elegant, thoughtful and engaged in life and always did the right thing. Bobbie crossed at the lights where she felt safe – it cost her.”
