Justin Brian Birkbeck: Driver learns fate after ‘tragic’ Stanwell Park accident

A driver who blanked out before crashing into a front yard and killing a much-loved Stanwell Park man has learnt his fate in Wollongong Local Court.

A Shellharbour man has escaped a conviction after being involved in a car accident which killed a man in Stanwell Park in late 2020.

Justin Brian Birkbeck, 52, was dealt a 24-month conditional release order in Wollongong Local Court on Tuesday for what Magistrate Michael Ong described as a “significant and tragic event”.

The horrific incident occurred just before 8.30am on Wednesday, November 18, 2020 near the intersection of Lawrence Hargrave Dr and Railway Cres where Birkbeck was travelling northbound in a white Toyota Hilux.

Birkbeck lost consciousness due to a vasovagal syncope episode and collided with a power pole before the utility was propelled into the front yard of Brett Harris and his elderly mother’s residence in the small northern Illawarra township.

Justin Brian Birkbeck exiting Wollongong Local Court on Tuesday. Picture: Dylan Arvela

The 57-year-old man - who was in the front yard - was struck, and ultimately died as a result.

Birkbeck was charged with driving with an illicit substance in his system with a blood test returning traces of marijuana in his system.

Magistrate Ong confirmed there was “no suggestion” Birkbeck was “under the influence” of the drug, only that there were “detectable amounts” in his blood sample.

Birkbeck tabled a letter to the court expressing his remorse as well as the guilt he feels from the events of that morning.

Stanwell Park man Brett Harris was killed as a result of the accident. Picture: Facebook

“I am writing to apologise and express my sincere regret for committing this offence,” he said.

“I wish to take this opportunity to apologise to Mr Harris’ family, friends and the entire Stanwell Park community. The events of that day haunt me and I don’t think I will ever escape the feeling of guilt.

“I have been without my licence now for almost two years and each day I spend without it reminds me that driving is a privilege and not a right.”