Mohamed Marbany sentenced after death of brother Nour at Hawksview St Merrylands

The devastated driver who was speeding in a catastrophic collision that led to the death of his older brother is a broken man since the “profound tragedy” in Sydney’s west, a court has heard.

Mohamed Marbany, wearing sunglasses, arrives at Parramatta District Court for his sentencing following the death of his brother Nour at Merrylands on April 15 in 2023.

The driver who was speeding along a Merrylands street in a collision that led to the death of his beloved brother and a father-of-six two years ago has expressed his devastation.

On Wednesday, Mohamed Marbany, 25, told Parramatta District Court his actions led to the death of his brother Nour Marbany at Hawksview St on April 15, 2023, when he clocked 73km/h in a 50km/h zone, colliding with a Hyundai i30 that was doing a U-turn shortly before 5pm.

Nour had bought the black ute, which Marbany had driven because his brother did not have his licence, with the pair on their way to a family dinner after fasting for Ramadan.

The court heard Marbany – a repetitive speeding offender – was unfamiliar with the ute and failed to recognise the Hyundai driver was performing a U-turn.

The ute flipped on its roof and Nour, 35, died at the scene.

Mohamed Marbany arrives at court before his sentence.

“I feel devastated in the way I reacted in the moment of the accident,’’ Marbany told the court.

“I am reliving that same accident day by day and night by night 24-7.’’

Mohamed Marbany was close with his brother Nour Marbany. Picture: Picture: Facebook

Marbany, who was reissued his licence 11 months ago, said the tragedy caused him a lack of sleep and his nephews and nieces had a harder life without their father.

“I am very sorry for that and I wish it was me instead of my brother, it would have been easier for the family,’’ he said.

Marbany was supported in court by a large throng including an imam and cousins – many of whom were forced to wait outside the small courtroom during proceedings because of space constraints.

His barrister Arjun Chhabra told the court his client’s family had forgiven him since the “profound” tragedy.

Mohamed Marbany with his barrister Arjun Chhabra after he avoided serving his sentence behind bars.

“Having to confront his victims every single day the last two years has been harrowing,’’ he said.

He also read a letter from a grief-stricken Marbany.

“When I see his kids, when I see my mum and dad, I see the weight of what I’ve done and it breaks me inside,’’ he said.

He told the court Marbany had suffered anxiety, PTSD and depression, and had broken up with his fiancee since Nour’s death.

Psychiatrists agreed a prison sentence would be onerous with such mental health problems.

The court heard the construction worker had suicidal thoughts and his father had removed his bedroom door so he could be monitored closely at night.

Marbany has since taken on a father figure role to his nephews and nieces after the death of their father, who had previously separated from his wife Rema Zreika.

Crown prosecutor Michael Clark argued the only suitable punishment would be full time prison for Marbany, who had a history of speeding.

Nour Marbany had six children and was close to Mohamed. Picture: Facebook

“The offender was driving an unfamiliar vehicle that was a powerful vehicle along a suburban street that was zoned 50km/h that had vehicles parked on either side,’’ he said.

“The combination of speed and inattention effectively meant the offender could not avoid the collision.’’

Marbany has clocked up six speeding offences, including one four months before the fatality.

He has since undertaken driver safety courses.

Judge Siobhan Herbert told the court Marbany had a low risk of reoffending and had strong family support.

She sentenced him to a two-year intensive correction order, which allows him to serve time in the community, and warned him he would be in custody if he offended again.

Marbany was granted a five per cent discount off his sentence after he pleaded guilty to negligent driving occasioning death and dangerous driving occasioning death in March.

He must also perform 400 hours of community service.

His family, some whom were fighting back tears in the courtroom before the sentence was delivered, embraced Marbany and cheered outside knowing he was spared jail.