Robert West faces court for fatal accident killing grandson

The mental toll on a man whose careless driving led to the death of his grandson, 10, is punishment enough, a magistrate has ruled.

Matthew West, 10, was tragically killed in an accident involving his grandfather and father on 23 October 2021 near East Albury NSW.

The man involved in an accident that killed his 10-year-old grandson has left court without a fine or conviction, having been “paying” for his actions with the burden on his conscience, the court heard.

Robert West was driving a Toyota LandCruiser with his grandson, Matthew West, in the front seat of the car when he crashed into a truck driven by his son, David West, on Lucyvale Rd, east of Albury, in October 2021.

The boy died instantly from neck and head injuries.

The Wodonga Magistrates Court heard on Tuesday that Mr West had been paying for his mistake by the loss of his grandson.

“This is a tragedy; a grandfather lost his grandchild and father lost his son,” Mr West’s lawyer Ophelia Hollway told the court.

“Mr West has had trouble sleeping in the last 16 months and gets flashbacks of the accident.

“He is really struggling with PTSD and he has been avoiding family functions.”

The court heard that medical testing did not find alcohol or drugs in Mr West’s system.

Magistrate Peter Mithen said the toll of the accident was a great burden on Mr West.

“You’ll carry the conscience for the rest of your life for losing your grandson,” he said.

“You have been paying for your mistake before you even stepped into the courtroom today.”

Mr West pleaded guilty to one charge of careless driving and was given a one-year good behaviour order.

He did not receive a fine or conviction.