Robert Michael Ryan, a drink driver who killed an 83-year-old grandfather, has been sentenced
A man who caused a fatal crash, claiming the life of 83-year-old Giuseppe Macheda, has no “substantial memory” of the accident, a court has heard.
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A drink driver who caused a fatal crash claiming the life of a well-loved market gardener has no “substantial memory” of the accident, a court has heard.
Robert Michael Ryan appeared in the District Court on Thursday where he was sentenced to six years, one month and 29 days jail with a non-parole period of five years for causing the crash which killed 83-year-old Giuseppe Macheda.
Judge Kristopher Handshin said Ryan was “significantly intoxicated” when his Ford station wagon collided with Mr Macheda’s tractor and later trapped him in a water-filled culvert.
“You collided with the rear of his tractor, the force of the impact sent Mr Macheda’s tractor into an anticlockwise rotation and into the drainage culvert on the southern side of the westbound lane,” he said.
“The culvert was filled with about half a metre of water due to the heavy rain which had fallen earlier that day.
“In the immediate aftermath of impact your vehicle also entered the culvert, pinning Mr Macheda who had been ejected from the driving position of the tractor beneath it and under water.”
At the time of the fatal crash, Ryan, 41, returned a positive blood alcohol test of 0.176, with THC also detected in his system.
Judge Handshin said 10 cans of pre-mixed vodka, three of which were empty, were found in the vehicle.
The station wagon hit Mr Macheda’s tractor on Symes Rd at Waterloo Corner, directly out the front of his family’s property, on November 12 2022.
Judge Handshin said Mr Macheda’s son later attempted to pull his father out from beneath the car but did not succeed.
Ryan previously pleaded guilty to cause death by dangerous driving, and three weeks ago also pleaded guilty to driving unauthorised.
It was earlier revealed in court that Ryan had been suspended from driving since 2009 when he lost his licence for a drink driving offence in Victoria.
Statements previously read by family members described the crash scene as a “Hollywood horror movie” saying that the event “forever changed” their lives.
Judge Hansen said, despite taking Ryan’s personal circumstances into account, that his previous drink driving offence should have acted as a warning of the penalties associated with the offence.
“Regrettably, that experience did not deter you, and accordingly, and despite the insight you now say you have into this horrific sequence of events, personal deterrent still have some work to do in sentencing you,” he said.
Ryan was sentenced to six years, one month and 29 days imprisonment with a non-parole period of five years. The sentence was backdated to his arrest in November last year.
Ryan has also been disqualified from holding or obtaining a licence for 12 years, to commence upon his release from custody.
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