Sentence for driver who killed actor Bardiya McKinnon in crash slammed by devastated family

A man will be released from jail in just three months after he was involved in a horror crash that killed a young actor who was just months away from proposing to his girlfriend.

A Sydney arborist will walk free from jail in less than three months after he was ­involved in an accidental crash that killed a popular young actor just months before he was due to propose to his girlfriend.

Anthony Bain, 51, was found not guilty of dangerous driving by a jury this week, but pleaded guilty to a lesser charge, after he left the scene of a horrific collision that claimed the life of 28-year-old Bardiya McKinnon.

Judge Mark Williams sentenced Bain to two years and six months in jail for the offences of negligent driving occasioning death and failing to stop and assist, imposing a non-parole period of 15 months – meaning with time served he will walk free from prison in November.

Mr McKinnon’s heartbroken partner Lucy Green, who is part of the Road Trauma Support Group, had been waiting for the verdict for almost two years since her partner was killed in the crash while riding his motorbike on November 21, 2020.

“Bardiya’s life has been calculated to be worth just the three more months of prison time for Bain,” Ms Green said.

Sydney actor Bardiya McKinnon, who died after he was knocked from his motorcycle in an alleged hit and run incident on the Warringah Freeway at North Sydney. Picture: Instagram

“This is unspeakably unjust. Bardiya’s life was stolen and countless lives are left in tatters … and the person ­responsible will have the ­opportunity to once again drive.”

Bain was arrested a day after the crash on November 22 after he had left the scene and spent the night at a party.

At the same time, Mr McKinnon’s loved ones comforted each other in the room of a hospital as his life support was turned off.

He had suffered severe head injuries in the incident on the Warringah Freeway, near the northern entrance to the Sydney Harbour Tunnel.

In the months following Mr McKinnon’s tragic death, Ms Green found a ring box hidden in her apartment – with her boyfriend’s grief-stricken mum and sister telling her that her boyfriend had plans to propose.

“I have been stripped of a normal life that has the potential for joy, and instead been handed a life sentence of knowing that the person who felt like a part of me, is dead,” Ms Green said.

Lucy Green, partner of Bardiya McKinnon, who was killed in a crash on the Harbour bridge in November 2020. Picture: Tim Hunter.

“My sweet, thoughtful Bardiya was taken along with my future.”

Horror footage shown to the 12-person jury showed the moment Bain collided with Mr McKinnon’s motorcycle while merging lanes.

The crown argued he then drove off without calling an ambulance or offering help despite a witness telling Bain “you took him out, don’t go anywhere”.

It was the Crown case that several factors in Bain’s driving added up to dangerous driving in the space of about 10 seconds.

“He didn’t give way, he drove to the end of the terminating lane, he did not keep lookout – it’s a few factors combined that (makes this a) serious breach,” the Crown prosecutor told the jury.

“Mr Bain was on a main arterial road and inattentive for 10 seconds, which we say constitutes a serious breach of a proper manner of driving.”

Lucy Green and her partner Bardiya McKinnon.

Anthony Kerry Bain (rear), 49, of Elanora Heights, leaves Manly Courthouse, with his solicitor Craig Murray. Picture: Jim O'Rourke

It was the defence case – which the jury ultimately sided with – that Bain was not driving in a dangerous manner, instead saying Mr McKinnon’ death was the result of Bain’s “error in judgment”.

“The only mistake he made was failing to see this young fellow on his bike. I’m not underplaying the seriousness of the mistake … it was an error in judgment,” the defence told the jury.

“He wasn’t speeding, not on alcohol or drugs, he wasn’t driving erratically or racing.”

After less than three hours of deliberations, the jury returned with a not-guilty verdict.

“The verdict and sentence that was read out in that courtroom felt like a knife to my heart,” Ms Green said.

“Our judicial system has broken my heart and left me wondering how any of us can sleep at night.”

Ms Green said she was left “heartbroken”

by the sentence delivered.

In his own letter to the court, Bain said he regretted leaving the scene after hitting Mr McKinnon and that he drove off because he was “panicked” by the fact he was on an intensive corrections order for driving offences.

“It was stupid … I wish I stayed. The decision to leave was one of the worst decisions I’ve ever made,” he said.

As a member of the Road Trauma Support Group, Ms Green backed calls for mandatory jail terms and minimum sentences for drivers responsible for road crash deaths.

“The Crown did all they could to honour Bardiya and his death,” she said.

“But the problems lie far deeper than that. We need complete reform.”