Norman Gerard Beshara sentenced for Creswick crash that killed Braybrook builder Louis Victor Xuereb

A killer driver with no memory of driving on the wrong side of the road that caused the death of a father-of-three has faced court.

Creswick driver who killed father-of-three dodges jail.

A killer driver with no memory of driving on the wrong side of the road causing a collision that led to the death of a father-of-three has dodged a stint behind bars.

Norman Gerard Beshara, of Creswick, was sentenced to a two year community corrections order and ordered to do 300 hours of community work — with conviction — after pleading guilty to dangerous driving causing death.

In June 2022, Braybrook builder Louis Victor Xuereb, 50, his partner Melissa Guzzardi along with their two pet dogs were returning home to Braybrook after lunch with her family in Creswick.

As the couple approached a bend on Creswick-Bungaree Rd, Ms Guzzardi — who had a better view of the curve — saw a Toyota HiLux come around the corner on the wrong side of the road.

She yelled out and Mr Xuereb steered his Nissan Navara to the left but could not avoid a collision with Beshara’s car.

The mangled wreck of the Nissan Navara driven by Louis Victor Xuereb who died at the scene.

The couple’s car was pushed down an embankment and came to rest against a tree.

Mr Xuereb was trapped in the car and later died at the scene after unsuccessful attempts to resuscitate him.

On Thursday, the court heard Ms Guzzardi had suffered PTSD, delayed grief reaction, survivor’s guilt and had stopped travelling to Creswick.

Judge Fran Dalziel told Beshara that Ms Guzzardi had “forgiven” him and hoped Beshara would forgive himself “one day”.

The court heard Mr Xuereb’s death had taken a “physical and mental toll” on Beshara, who was “regretful” and “ashamed”.

The Toyota HiLux that was driven by Norman Beshara on the wrong side of the Creswick-Bungaree Road which resulted in a fatality.

Beshara — who attended Ballarat East High School and then Ballarat Institute of Technology — was also reported to have major depressive disorder and complex PTSD, which would deteriorate if he was jailed.

Judge Dalziel said while the collision fell at the “lower end”, it was still serious because it caused the “death of another person”.

“It is the tragedy of cases such as these that a person has lost his life. Mr Xuereb’s life has been cut short — a loss to him and all those who love him,” she said.

“The impact of the collision and death cannot be ignored.”

Judge Dalziel said Beshara had come before the court for the first time in 69 years, had “exemplary character” and lived an “otherwise blameless life”.

The court also heard Beshara had been heavily involved at his local Creswick community garden and was part of the Creswick Neighbourhood Center.

During sentencing, Judge Dalziel said if Beshara was jailed it would be “more difficult” for him to cope than a person who did not suffer extensive mental health issues.

“Incarceration would likely have a significant impact on you,” she said.

“I have concluded the sentence can be met by a CCO. If you would have pleaded not guilty you would have been sentenced to 18 months imprisonment with a non-parole period of nine months.”

Beshara’s licence was also cancelled and disqualified for 18 months.