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A KYABRAM man who pleaded guilty to his role in the death of his best friend in a dirt bike crash has avoided jail.
Jason Munday, 37, was convicted and sentenced to a four-year community corrections order, 350 hours of unpaid community work and had his licence disqualified for 18 months in the Bendigo County Court on Wednesday.
Munday and Edward Matthews, 35, were riding unregistered dirt bikes on a road near Kyabram just after midnight on New Year’s Day, 2015, when Matthews lost control and fell, suffering fatal head injuries.
Munday also fell, but suffered minor injuries.
The two men were riding towards each other at the time of the incident. Neither man was wearing a helmet, and the bikes did not have headlights.
Investigators found the two men were likely to have blood-alcohol readings above the legal limit.
There was no evidence of a collision between the two bikes, which ended up 15 metres apart. The court heard the the men had swerved in the same direction.
In sentencing, Judge Jane Patrick said it was a “tragic reminder” of the dangers of riding dirt bikes on the open road, particularly at night.
She said it was “fortunate” both families involved had maintained a strong relationship with each other, and had “precious memories” of Mr Matthews.
“On one level, you have received the worst possible punishment … the death of your friend,” Judge Patrick said to Munday.
“The court must get the message out that cars and motorbikes must be given respect.”
She said the offending was at the “lower end” of the scale for dangerous driving causing death.
“I accept that you are sincere and genuinely remorseful,” Judge Patrick said.
Munday and Mr Matthews had been celebrating the new year at Mr Matthews’ property on Andrews Road, six kilometres from Kyabram, with family and friends.
Munday had brought three dirt bikes to the property, which were ridden throughout the evening before they were taken out onto the road after midnight.
Speaking in court on Tuesday, the former partner of Mr Matthews said she had “always forgiven” Munday for the fatal incident.
Judge Patrick expressed her condolences to the two families involved.