A MOTORBIKE rider who seriously injured a well-known Bendigo pizzeria owner has received an 18-month community corrections order.
Bendigo man Emerson Alan Julian, 20, was sentenced in the County Court on Tuesday after he pleaded guilty to a charge of dangerous driving causing serious injury.
Julian was speeding on his Kawasaki motorcycle along Wood Street in Long Gully on December 12, 2019, when he struck pedestrian Orazio 'Fred' Longano.
Mr Longano, who was well-known for his Bendigo restaurant Fred's Pizza, was taken to a Melbourne hospital after sustaining injuries including fractures to his spine and pelvis.
The court heard the 77-year-old had a number of health complications while in hospital, including acute kidney failure and respiratory issues.
Mr Longano died on January 6, 2020, as a result of a perforated bladder.
Judge Mark Dean said while it was clear the crash "set in train" the injuries that led to Mr Longano's tragic death, Julian was not charged with causing the death.
Judge Dean said he understood Mr Longano was an "industrious and much-loved man who lived a full and rewarding life", and the 77-year-old's death had a profound and traumatic effect on his family and friends.
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But the judge said he considered Julian's offending as a "serious error of judgement" that was at the lower end of the scale.
The court heard witnesses believed Julian was speeding at 80km/h in a 50km/h zone before the crash.
But expert evidence showed the 20-year-old was likely travelling at a speed between 45km/h and 55km/h at the point of collision.
Judge Dean said Julian was a young and inexperienced learner motorcyclist who was clearly travelling at excessive speed and was unable to stop.
The judge noted Julian had pending charges in the Magistrates' Court for driving offences, but otherwise had no prior convictions.
Judge Dean said he would consider the 20-year-old as a youthful offender who had good prospects of rehabilitation and a low risk of reoffending.
Julian was convicted and sentenced to an 18-month community corrections order with 100 hours of unpaid community work.
His licence was cancelled and he was disqualified from driving for 18 months.
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