Scott Death, has been sentenced to a maximum term of imprisonment of 3 years, 2 months for the fatal bus crash which injured five and killed 84 year old Raymond Padgett.
The 34-year-old appeared at Orange District Court Thursday July 31st, with members from the defendant's and victim's families attending.
The court heard Death had 'tunnel vision' when deciding to enter his car, reverse from his driveway after drinking, and crashing into a courtesy minibus while attempting to visit his grandfather's grave, on the night of December 16, 2023.
The court heard that he had decided to drive after a fight with his partner - heading toward the intersection at the end of his street colliding into the courtesy bus on Fitzroy Avenue - throwing 84 year old Raymond Padgett from the vehicle, killing him and injuring five others.
Judge Musgrave referred to police facts, where Death had told officers, "I had tunnel vision. I don't know what speed I was doing, I didn't even see the headlights of the other car. I just put my foot down, I didn't slow down - I didn't take my foot off the accelerator," quoted Judge Musgrave.
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Death had been intoxicated, having consumed 'five alcoholic drinks at a social function' and had at the time his blood alcohol was measured was at 0.101, more than double the legal limit.
The risk of a traffic incident on Fitzroy Avenue at that time was also considered, with the Judge saying "I accept that the driver was not on a road that was in frequent use, or in a built up area - sadly this risk eventuated and affected the people on the bus."
The court heard that Death had admitted to having knowingly made false or misleading statements, drive in manner dangerous occasioning death, as well as mid-range drink driving. Judge Musgrave said she accepted Death was remorseful.
Death had initially led police to believe his car had been stolen - with police initiating a break and enter investigation - later admitting to police that he was the driver of the vehicle and that he was afraid of going to prison, and did not know how to explain the event to his children.
"The offender is genuinely, and deeply remorseful - I'm forced to admit that this is not inconsistent with the false statements he made. He provided an explanation for his lies and his delay in disclosing his role. "
Judge Musgrave accepted that Mr Death had been living with bipolar disorder, but was not medicated or following a treatment plan.
The Judge quoted Mr Padgett's family and granddaughter as having lost their "pop" and "a great mate."
Death was handed a box of tissues as the Judge read out the sentence and supporting statements.
In addition to the maximum jail term of three years and two months imprisonment, Death was disqualified from driving for nine months and will be forced to have an interlock installed on his vehicle.
Death will be able to apply for parole in September of 2026. He remarked after sentencing to onlookers, "see you in a year."
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