A judge has been scathing in his remarks over extensive delays to a tragic case that has left the accused man in limbo and put the deceased man's family through the pain of a second trial.
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Judge Paul Lacava singled out the prosecution in his criticism, particularly its failure to accept Nathan Leigh White's offer to plea guilty to the lesser charge of dangerous driving causing death.
White, 40, was re-sentenced at the County Court of Victoria on Friday, bringing his case to a close almost seven years after he struck and killed pedestrian Patrick Bell in Black Hill in 2015.
Bell was aged 17 when he was hit by White's Holden Commodore shortly after midnight on June 30, 2015 and died from his injuries in hospital.
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White avoided returning to prison on Friday due to the 'exceptional circumstances' of the case.
White served two-and-a-half years in prison after being found guilty of culpable driving causing death during an initial trial and was sentenced to 10-years imprisonment in October 2017.
He was released after the Court of Appeal quashed the conviction and directed a new trial in its decision on March 5, 2020.
This case could have and should have been concluded much sooner.
- Judge Paul Lacava
In his sentencing remarks, Judge Lacava said the court was told in 2020 that White had offered to plead guilty to the charge of dangerous driving causing death if the prosecution conceded time served was an appropriate sentence, but the prosecution did not further the conversation.
This is the charge White was ultimately found guilty of by a jury after a retrial of the case was heard in 2021.
Judge Lacava said the prosecution let the case 'drift' and appeared to make no attempt to resolve it, putting White's life on hold and forcing Bell's family to endure the pain of a retrial.
"It may be inferred the prosecution was determined to push on with the charge of culpable driving causing death," Judge Lacava said.
"Your offer to plead guilty to dangerous driving causing death was a good offer in my opinion which should have been grasped with both hands.
"Cases cannot be allowed to simply drift along in this way. Real lives are affected by delay and there is needless cost incurred. You now fall for re-sentencing at a time approaching seven years after the offending.
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The court heard the trial was also delayed twice due to the coronavirus pandemic.
Judge Lacava said victim impact statements provided to the court showed Bell was a 'much-loved' young man who had his whole life ahead of him.
He said the tragedy would likely affect his family and friends for the rest of their lives and he took this into account in sentencing.
Judge Lacava said he found White was drink driving, with a blood alcohol reading about twice the legal limit, and he was driving too fast on the 60km/h road on the night of the fatality.
White had been drinking before the collision with friends.
"Whilst I accept you may have been surprised by the presence of Patrick Bell on the road in the middle of the night, you were in a built up area where many people live," Judge Lacava said.
"Patrick was quite entitled to cross the road where he did. Pedestrians must be able to expect all drivers to drive safely and within the law."
The court heard White swerved in an attempt to avoid colliding with Bell and lost control of his car, rotated and Bell was struck by the car's rear.
There was extensive damage to the car.
White called triple-zero and the call was played to the jury. Judge Lacava said there was no more telling evidence of White's immediate remorse than what was recorded on the call.
Judge Lacava said he considered the offending mid-range.
He said he took into account White had cooperated with police, expressed remorse and empathy for Bell, it was his first time in prison and the experience had been difficult.
A psychological report provided to the court revealed White suffered flashbacks, insomnia and panic attacks and had received death threats and been harassed at work following media coverage of the court case.
The court heard White had been estranged from his wife and children since the offending.
Judge Lacava said the delay made this an 'exceptional case' which was a factor in his decision not to send White back to prison.
"This case could have and should have been concluded much sooner," he said.
White was convicted and sentenced to 904 days imprisonment, already served. His licence was cancelled and disqualified for five years, beginning October 2017.
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