Xiao Zhang: Heart surgeon given community corrections order over crash that killed Rachel Watts
A heart surgeon’s five seconds of inattention on the road cost the life of a beloved horse groomer. Now he has been sentenced.
Geelong
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The deteriorating mental health of a heart surgeon whose inattentive driving led to the death of a much-loved equestrian groom has seen a judge opt against sending him to jail.
Xiao Bo Zhang, 67, appeared in the County Court in Geelong on Tuesday before Judge Gregory Lyon, having pleaded guilty to dangerous driving causing the death of Rachel Watts.
Zhang was convicted and placed on an 18-month community corrections order rather than being jailed but it wasn’t a decision taken lightly, Judge Lyon said.
Zhang, a “pioneering” cardiothoracic surgeon was driving east on Swan Bay Rd in a Land Rover just after 1.15pm on March 20, 2022.
At some point before the intersection with Queenscliff Rd, Zhang became inattentive and failed to give way.
His car collided with a Mazda sedan driven by Ms Watts, and then into a ute on the other side of the intersection.
He did not brake or slow down and was not under the influence of alcohol or drugs or looking at his phone or another distraction, the court heard.
Judge Lyon concluded objective gravity of Zhang’s offending was high but he could not pinpoint the exact duration of Zhang’s inattention – other than it was for more than five seconds.
Judge Lyon noted the widespread and ongoing impact Ms Watts’ death had on those who knew her, evident in numerous victim impact statements written by her friends and family, describing their heartbreak, grief and shock.
Referencing their statements, as well one written by the driver of the ute, Judge Lyon said it was clear the incident had a lasting impact, but he hoped the proceedings would bring closure.
Dangerous driving causing death is an offence that usually requires imprisonment, however Zhang’s defence argued for an exception on the basis Zhang’s mental functioning was impaired to such a degree that the burden of prison would be “materially greater” than ordinarily.
The court heard the defence’s submissions was, in part, based on the testimony of two mental health practitioners, who diagnosed Zhang with PTSD and major depressive disorder.
The court heard Zhang’s symptoms were “chronic, treatment resistant and comorbid”, to a degree that prison mental health services were ill equipped to handle.
Judge Lyon said he found, on the evidence, that Zhang’s mental impairment was “considerable and highly genuine”.
However, Zhang’s impaired mental function did not on its own mean a non-custodial sentence was appropriate, Judge Lyon said.
But when combined with other mitigating factors, including his plea, prospects for rehabilitation, “undisputed good character” and remorse, Judge Lyon said he believed the sentencing principle of general deterrence “can accommodate the imposition of a non-custodial sentence in this case”.
At Zhang’s arraignment in January, Judge Lyon foreshadowed that the outcome might not be what Ms Watts’ family may have expected stating: “(the justice system) is not a system of revenge, it is a system of principles of law.”
As part of the order, Zhang must complete 120 hours of community work.
Judge Lyon said but for his guilty plea, he would have jailed Zhang for two years.
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Originally published as Xiao Zhang: Heart surgeon given community corrections order over crash that killed Rachel Watts