Man fronts court for causing the death of scooter rider

A Lang Lang man still maintains he’s not responsible for causing the death of a beloved grandfather who he struck and flung from his scooter.

A Lang Lang man who caused the death of a retired grandfather of five, flinging him from his scooter into a ditch, has avoided a prison sentence.

Terrence Fleming, 53, of Pakenham, appeared for sentencing in the County Court on Tuesday after pleading guilty to charges of failing to stop and failing to render assistance after a motor vehicle accident.

Fleming’s Hilux struck Donald Brown, 60, as he rode his Lambretta scooter on the southbound lane along Healesville – Koo Wee Rup Rd on February 9, 2021.

The posted speed limit was 90km/h and Mr Brown caused traffic congestion as he was travelling at between 50 and 70km/h. Fleming and a vehicle ahead of him overtook Mr Brown before returning to the southbound lane. Fleming’s Hilux passed closest to Mr Brown’s, causing the scooter to fall on to the road and slide across that lane and came to rest in a drain.

Mr Brown was found facedown on the shoulder of the road.

The County Court sentenced Terrenc Fleming to a two-year Community Corrections Order.

Fleming told police he didn’t recall seeing, passing or approaching someone on a motor scooter on Koo Wee Rup Rd.

The police then informed him that they had stills from footage which showed he was one

of the drivers during the crash. Fleming then admitted that he was one of the drivers but didn’t think he saw any scooters.

Fleming said he focused on the vehicles ahead of him rather than what happened behind him and “just didn’t know” what had happened.

He assumed the scooter had ran off the road and thought Mr Brown was going to be okay.

Mr Brown’s family was in court during Fleming’s sentencing. There was no victim impact statement.

Defence lawyer Catherine Boston said it was an “unusual case” in that Fleming did not cause the crash but pleaded guilty on the basis he was involved due to his Hilux’s close proximity to the scooter.

Fleming has had a history of mental illness and spent 12 days in a psychiatric unit after the crash, she submitted. Boston pointed to his guilty pleas, limited criminal history and the fact he has never been to jail, and has been a self-employed businessman.

Judge Duncan Allen imposed two years of Community Corrections Order and ordered that Fleming receive treatment for mental health, drug and alcohol.