Vincent Varapodio, 55, was sentenced to two and a half years in jail for a crash last year that killed Rochester’s Paul Hangan.
He will have to serve 18 months before becoming eligible for parole.
Varapodio pleaded guilty in Bendigo County Court to a charge of dangerous driving causing death.
The court heard Varapodio had been driving a Nissan Navara ute east on Webb Rd and cut the corner while making a right turn towards Winter Rd, going into the path of the motorbike, which was travelling in the opposite direction, just before 2pm on September 22, 2023.
Mr Hangan, 67, was thrown from his Harley-Davidson by the impact of the crash, and died.
The court heard Varapodio called his boss after the crash and told him “I’ve had an accident and think I’ve killed a guy”.
Varapodio maintained he did not see the motorbike and, in sentencing him, Judge Fiona Todd accepted that was the truth; however, she said Varapodio “ought to have” seen the motorbike, which had its headlight on.
The court heard there was no alcohol or drugs in either man’s systems, and speed was not a factor in the crash.
In her sentencing, Judge Todd spoke of Varapodio’s “poor” driving history.
This included him being given a suspended jail sentence in 2010 on charges of failing to give way and driving while suspended, after he hit cyclist Jodie Ridges, who later died.
Judge Todd said that while she did not treat this as a prior conviction for dangerous driving causing death, she did take it into account in relation to his moral culpability.
Judge Todd also referenced the 19 times Varapodio had been caught speeding between 1995 and 2023, and also the fact he was picked up speeding in January this year while on bail for this matter.
While Varapodio’s defence counsel said speed was not a feature of this case, Judge Todd said his “driving history sheds some light on the person who was driving that day”.
While accepting that Varapodio was “profoundly remorseful” for the crash, Judge Todd said it was “difficult to square your remorse with your driving history”.
The judge also spoke of a victim impact statement by a friend of Mr Hangan who described him as “kind, gentle, who worked hard, was non-judgmental, and who was thoughtful — putting a heater on and asking her to text him when she got home”.
Judge Todd said given Varapodio’s experience of custody, his strong work ethic, and support from family and friends, she was confident he had “strong prospects of rehabilitation”.
She noted that Varapodio has severe anxiety and had been distressed in the lead-up to what he knew would be a prison sentence, but did not accept a defence submission that these conditions would worsen in custody.
In referring to the charge of dangerous driving causing death, Judge Todd said the sentence “should resonate through the community to see there is a punishment for what you did”.
As well as jailing Varapodio, Judge Todd also cancelled his driver’s licence for 24 months, which is longer than the mandatory minimum of 18 months.
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