Nicholas Parker: Man acquitted of negligent driving resulting in death of Chris Culver, Geoff Havill at Hawkesbury

A man who fell asleep behind the wheel before crashing into and killing two cyclists has successfully appealed a conviction after the “tragic consequences” of that night nearly four years ago.

Nicholas Parker pictured leaving Windsor Court in 2020. Picture by Damian Shaw

A man who fell asleep behind the wheel before crashing into and killing two cyclists has successfully appealed a conviction after the “tragic consequences” of that night nearly four years ago.

Nicholas Parker, 23, was driving his dad’s car to work along Kurrajong Rd, Richmond when he fell asleep, and the vehicle collided with two cyclists riding in the opposite direction.

Geoff Havill died at the scene, and Chris Culver was flown to Westmead Hospital with critical injuries. He died later that evening.

Parker, in a statement to police, said he had finished working the night before and had arrived home at 6pm before going to bed at 10.30pm.

“I felt that I had a good sleep that night,” Parker said. “I got out of bed about 4am the following morning on December 19, 2019. I had a shower. I had breakfast. I was refreshed and alert before leaving home.

Chris Culver, 40, left, and Geoff Havill, 49, right, were tragically killed when they were hit by a car on Kurrajong Rd, Richmond, in the early hours of December 19, 2019. Picture: Supplied

“I left my home about 4:40am ... when I commenced driving to work, I was refreshed and alert, and I was in a fit state to drive safely to work.”

Parker, a 19-year-old first-year apprentice electrician at the time of the crash, was found not guilty of two counts of dangerous driving occasioning death following a trial in August 2021.

Nicholas Parker pictured on the left leaving Windsor Court in February, 2020. Picture by Damian Shaw

In January 2022, Parker then faced trial on a backup offence of negligent driving occasioning death, where he was found guilty and convicted and sentenced to a 12-month intensive correction order.

However, Parker appealed on three grounds, including that in the first trial, the judge ruled the prosecution did not prove beyond a reasonable doubt that Parker did not honestly believe he was safe to drive, a finding which should have carried to the second trial.

In the second trial, the crown case was that Parker was so tired that his driving was a danger to the public, according to the appeal.

The judge found “no evidence to indicate that he just spontaneously fell asleep, and the clear evidence is that he ended up on the opposite side of the road and had some warning”.

However, the Court of Criminal Appeal ruled the judge had made an erroneous finding that there was no evidence Parker had spontaneously fallen asleep but did not uphold the appeal that he “had some warning”.

It was also ruled that the judge did not adequately deal with an indistinguishable prosecution case regarding the different offences for each trial.

Judge Chen noted the “tragic consequences” of the crash nearly four years ago and said Parker had served the entirety of the sentence imposed upon him, and it was “unthinkable” he could be subjected to any additional punishment.

Parker’s conviction for negligent driving occasioning death was quashed, and he was acquitted.