Benn Rain jailed over Leopold fatal crash that killed Jesse Heath

A bricklayer who ran a red light and killed a motorcyclist in a tragic crash has expressed his “horror, distress and shame” at the incident, a court has heard.

Benn Rain arrives at Geelong Court in May.

A bricklayer who killed a motorcyclist after running a red light remains haunted by the crash, a court has heard.

Benn James Rain, 36, was sentenced to 18 months in jail, with a non-parole period of nine months, in the County Court on Monday.

He pleaded guilty to a single count of dangerous driving causing death earlier.

Rain was driving along Melaluka Rd in Leopold early on August 4 last year, when he ran a red light and killed 45-year-old motorcyclist Jesse Heath.

Mr Heath, who had been travelling along the Bellarine Hwy, sustained traumatic head injuries in the crash and died in hospital on September 1, 2023.

Police at the scene at the intersection of Melaluka Road and Bellarine Highway, Leopold. Picture: Brad Fleet

In his sentencing remarks, Judge George Georgiou described how Rain put a difficult upbringing behind him to lead a “meaningful life” as successful bricklayer.

The court heard Rain suffered post-traumatic stress disorder and repeatedly expressed his “horror, distress and shame” over the incident.

Judge Geogiou highlighted the victim impact statements given by Mr Heath’s devastated family.

“It is clear Jesse Heath was a much-loved partner, son, brother and friend, whose death has had a profound impact on those closest to him,” Judge Georgiou said.

The court heard 17 character references had been submitted on Rain’s behalf.

“It is clear you have lead an otherwise good life, working hard to support your wife and two children,” Judge Georgiou told Rain.

The court heard a psychological report found Rain presented well, but had reported bouts of depression since childhood, the court heard, and as an adult turned to working long-hours, alcohol and gambling to manage his stress.

Rain was also diagnosed with a “moderate” alcohol-use disorder.

Police at the scene at the intersection of Melaluka Road and Bellarine Highway, Leopold. Picture: Brad Fleet

Judge Geogiou rejected the defence’s submission that Rain’s moral culpability was on the lower end of the spectrum, instead finding it to be in the mid-level.

He told the court Rain was not paying attention to the road or traffic signals and emphasised it was “not a momentary lapse in attention” but “must have been for a significant period”.

The court heard that Rain’s remorse was an important factor in his sentencing, and also weighed favourably on his prospects for rehabilitation – which were “very good if not excellent” – provided he receive support for his PTSD.

“I have no doubt you are deeply troubled by and remorseful for what occurred,” Judge Georgiou said.

General deterrence was also an important factor, Judge Georgiou said.

Although Rain accepted responsibility for the incident and pleaded guilty at the earliest opportunity, a factual dispute arose around whether Mr Heath’s helmet was properly fastened.

Judge Georgiou previously ruled on the balance of probabilities Mr Heath’s helmet was not properly fastened, however, Judge Georgiou said he not able to find it was a material factor in his death.

The court heard Rain’s lawyer, barrister Brad Newton, had also argued exceptional circumstances meant the court should spare Rain prison, however Judge Georgiou said he was not persuaded.

Originally published as Benn Rain jailed over Leopold fatal crash that killed Jesse Heath