Peter Moore, the truck driver charged with causing the death of pedestrian Harry Daley on April 30, last year, has been found guilty and sentenced to one year in jail.
Moore was charged with causing the death of Daley at Third Street, Craig, while driving a truck bearing licence plate GRR 810. Daley was run over by the rear right wheel of the truck.
Moore was found guilty by Magistrate Judy Latchman at the end of his trial. The magistrate based her decision on the fact that the defendant failed to satisfy the standards of a competent driver, which she said resulted in the death of Daley.
She further stated that if the defendant had observed his surroundings, he would have seen the deceased or anyone that was behind or under the truck.
The court heard that the truck is equipped with a sound that goes off when the vehicle is in reverse but the magistrate stated that although the vehicle may give off a sound the deceased was a sickly person and walked with a stick and even if he heard the sound of the truck he would not have been able to move in time.
Additionally, the court heard that evidence presented throughout the trial highlighted that the driving of the defendant fell below the standard and skill of a competent driver.
It was also determined, and supported by the post-mortem examination report, that the deceased died as a result of crush injuries to his chest.
As a result of the mentioned factors, Moore was found guilty of the offence. In mitigation, the court heard from his attorney, Adrian Thompson, that Moore has three children. He requested a suspended sentence.
Prior to sentencing the defendant, Magistrate Latchman stated five factors that were taken into consideration.
The magistrate considered that neither speed nor alcohol was a contributing factor, that the defendant assisted the deceased, that he gave meaningful information to the police, that a life was lost and the need to prevent such crimes from occurring.
Moore was subsequently sentenced to one year in jail. The sentence evoked a loud cry from one of his family members.
Moore was calm as he was handcuffed and taken out of the courtroom before the family member, in tears, exited.
