Warren Blake avoids jail over Bacchus Marsh crash which killed Andrew Rodger
A judge said there was one overwhelming reason he couldn’t jail a Bacchus Marsh father, who killed another truck driver, as he sentenced him in court.
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A judge has spared a Bacchus Marsh father jail over a crash which killed another truck driver so he can continue to care for his disabled son.
Warren Blake, 53, was sentenced to a four-year community corrections order and banned from driving for five years on Tuesday after he pleaded guilty to a single charge of dangerous driving causing death in the Melbourne County Court.
The court heard Andrew Rodger was killed after Warren over corrected his truck while driving on Geelong-Bacchus Marsh Road in March 2019.
Witnesses to the accident said they saw Blake’s truck veer slightly into the oncoming lane before correcting back into his own.
One witness said they had seen only Blake’s right-hand side tyres move into the other lane.
But the court heard the maneuver caused his trailer to tip, causing Mr Rodger’s vehicle to collide with it before leaving the road.
Mr Rodgers truck travelled through grass, farm fencing and a large shed.
He died at the scene as a result of his injuries.
Judge Michael Bourke said the point of the road where the accident took place was “tight” with traffic at the time also “heavy”.
“Your movement across and inattention were short lived (and it has caused catastrophe),” he said.
“Your over correction I see to be an error but understandable.
“It all happened quickly.”
Judge Bourke said Blake had avoided jail for a number of factors but most notably because of the situation of his disabled son.
He said the “hardship of concern and anxiety” of a prison sentence would have a significant impact on Blake.
As part of the community corrections order Blake must complete 450 hours of unpaid community work which can include 100 hours of treatment and rehabilitation.