A Waipu truck driver who struck and killed a cyclist - his second conviction for careless driving causing death - has escaped a jail sentence.
Ian Donald McLean, 51, appeared for sentencing in the Whangarei District Court yesterday, after earlier pleading guilty.
McLean was driving a cattle truck that struck Whangarei travel agent and cyclist Lynley MacDonald, 34, on Pipiwai Rd, about 250m from the intersection with Kokopu Rd, on September 23, 2008.
She was riding about 10m behind her father, Ross MacDonald, when McLean, who was driving at 80km/h, struck her.
McLean was convicted on a similar charge in 1987.
In court yesterday, Judge John McDonald said the maximum sentence that could be imposed on the charge was three months in prison or a $4500 fine. The judge said that, in contrast, a charge of dangerous driving carried a maximum term of five years' imprisonment.
Defence lawyer Arthur Fairley said it was important to note that for a charge of careless driving causing death, more weight was put into a non-custodial sentence.
He asked the court to take into account McLean's early guilty plea, his remorse, the impact of the incident on his family and the fact his vision was blurred by the sun when he struck Miss MacDonald.
Mr Fairley said McLean was a professional, hard-working driver who at one stage wanted to meet the MacDonald family, but that had not been possible.
Mr Fairley offered condolences to the grieving family on his client's behalf.
Police prosecutor Senior Sergeant Janine Attwood-Graham called for a custodial sentence, saying a clear message needed to be sent to the community that such carelessness from drivers would not be tolerated.
She said for a professional driver not to have seen two cyclists in safety gear, reflective jackets and flashing lights, was carelessness.
Judge McDonald said he was moved by the victim-impact statements read in court by Miss MacDonald's partner, Richard Bacon, and her mother, Cheryl MacDonald.
He said the impact of the crash threw Miss MacDonald 30 metres and, despite best efforts from medical staff, she died shortly after arriving at hospital.
The judge said since McLean was driving a large motor vehicle on a rural sealed road, he should have known what to do if the sun suddenly blocked his vision.
The Probation Service recommended community work with reparation.
"It goes without saying that anything I do to you today won't bring her back," Judge McDonald said.
He sentenced McLean to five months' community detention and ordered that he stay home every day between 8pm and 7am.
McLean was ordered to perform 200 hours' community work and to pay $5000 as reparation to Miss MacDonald's family.
He was disqualified from holding or obtaining a driver's licence for 14 months.
Court staff struggled to accommodate a large number of Miss MacDonald's family and friends, including representatives from the Freewheelers Cycle Group and the Brain Injury Association.
Driver's killed before - Jail avoided after striking cyclist
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