A female driver who killed cyclist Dr Lindsay Smyrk on October 9 last year in Woodend has been put on a community corrections order for two-and-a-half years.
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Fern Hill woman Amelie Vergez, 20, appeared before the County Court sitting in Bendigo on Friday morning for sentencing on the charge of dangerous driving causing death to which she pleaded guilty.
Vergez was on a probationary licence at the time of the collision around 11.44am on Black Forest Drive, Woodend, just south of the entry to Shannon Court.
Vergez hit the rear wheel of the cyclist, 75-year-old Dr Smyrk, who subsequently hit the car's windshield and then its roof before being thrown forward onto the road.
The beloved academic, avid cyclist, husband, father and grandfather was airlifted to the Alfred Hospital where he later died.
Vergez's momentary inattention, which caused her to drift out of her lane, was blamed for the fatality.
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While the community corrections order means Vergez will be free in the community, Judge Stewart Bayles said he did not consider it a "light or easy option".
Judge Bayles said a message needed to be sent to the community about how serious the obligations drivers had were, and how potentially catastrophic consequences can result from mistakes.
He said she must complete 200 hours of unpaid community work and complete treatment for her mental health issues and programs to reduce reoffending.
Vergez's driving licence has also been cancelled for 18 months backdated to the day of the accident.
Judge Bayles acknowledged the "dignified" victim impact statements offered to the court by Dr Smyrk's wife and three adult daughters.
The court had previously heard a witness had said Dr Smyrk was "doing everything right" by wearing bright colours, a flashing light and being to the left of the fog line at the time of the collision.
Judge Bayles said the family showed an "enormous capacity to see beyond their own grief" in showing sympathy for Vergez.
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Judge Bayles also acknowledged that Vergez had taken a step, "not often seen", after three of the four victim impact statements were read to an emotional courtroom, by facing the family and apologising in-person for the pain her actions had caused.
He acknowledged she was "truly sorry and deeply remorseful".
The court heard this was consistent with her response at the scene where other drivers comforted the woman who was "in complete and utter distress".
Dr Matthew Bath has diagnosed her with PTSD as a result of the fatal collision and the court heard she was "engulfed in guilt and despair".
The court heard Vergez described as a "compassionate, empathetic, conscientious and hardworking" young woman who had deferred her studies in law as a result of the collision.
If Vergez had not pleaded guilty, Judge Bayles said he would have sentenced her to two years imprisonment with a non-parole period of 10 months.
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Lucy Williams
Journalist with an interest in telling regional and rural stories, and covering the diverse array of topics that matter to the people of Bendigo.
Journalist with an interest in telling regional and rural stories, and covering the diverse array of topics that matter to the people of Bendigo.
