Truckie Shayne Hodge jailed for ploughing into cars on West Gate Freeway, killing Brian Noonan

UPDATE 12.40pm: A DRUG-taking truckie who killed an innocent driver was told to go to hell by grieving family members in court today.

Shayne Hodge pictured outside court in October 2007. Picture: Ellen Smith

UPDATE 12.40pm: A DRUG-taking truckie who killed an innocent driver was told to go to hell by grieving family members in court today.

Shayne Hodge was sentenced to 18 months in prison today for killing 64-year-old Brian Noonan more than four years ago.

Hodge, 42, was sleep-deprived and was using amphetamines when he ploughed into the back of Mr Noonan's car on the West Gate Freeway on September 23, 2005.

Hodge's prime mover almost drove on top of Mr Noonan's Ford Fairlane, which became engulfed by flames.

Mr Noonan - who had stopped behind a taxi because a drunk passenger needed to vomit - died at the scene.

The County Court heard it was not the first time Hodge had taken drugs before getting behind the wheel and killing another road user.

In 1994, Hodge flipped his semi-trailer while going around a corner in Upper Plenty. The accident killed passenger Karen Hartmann, 28, and seriously injured another passenger, Greg Brown.

Members of Mr Brown's family were in court today.

A series of lengthy court delays in both smashes means Hodge escaped the charge of culpable driving.

For the 1994 fatality he was convicted of driving a heavy vehicle for more than 12 hours, failing to rest, failing to maintain logbooks and using amphetamines.

As a result of the 2005 tragedy, Hodge pleaded guilty to driving in a dangerous manner.

Judge John Smallwood said the similarities between both cases were disturbing. He said Hodge's negligence had caused much trauma for the victim's families.

"The devastation that these people feel and will continue to feel was caused by you and the sentence I impose must reflect that,'' he said.

Hodge was sentenced to three years in jail with a non-parole period of 18 months.

Outside court, Brian's son Ron urged motorists to take care on the roads, especially in the Christmas season.

"Slow down, just be careful because to go through the loss of a family member is just devastating and it wipes out an entire family,'' Mr Noonan said.

On Tuesday, prosecutor Simon Cooper said Hodge told police, "I didn't see them'' after he drove over the top of Mr Noonan's car on the well-lit freeway in dry conditions.

Judge Smallwood said he was concerned that 11 years after that accident Hodge was involved in another accident in which fatigue and drugs were involved and a person was killed.

The judge said truck drivers were in control of massive and potentially deadly machinery and they knew why there were strict rules on the number of hours they could drive without a sleep break.

"They know why they are not to do it and they know the potential consequences,'' Judge Smallwood said.

"It makes it hard to describe what happened here as an accident. This is what he does for a living. This is not some 19-year-old talking to his girlfriend in the back seat.''

Hodge had previously pleaded guilty to one count of dangerous driving causing death of Mr Noonan, and because the accident happened before a change in the law the maximum penalty is five years.

Mr Cooper said the accident happened after a taxi stopped in the left lane of the freeway to allow a female passenger to vomit. There was no emergency lane at that point of the road, which was just before a bridge over The Avenue.

A Toyota Landcruiser stopped behind the taxi, followed by Mr Noonan's Ford, and they were waiting for traffic to clear so they could pull out and pass the taxi.

Hodge's prime mover, travelling at 100km/h, arrived and, without braking or swerving, ploughed into the rear of Mr Noonan's car, dragging it 75 metres and causing the fireball in which he died.

Mr Cooper said Hodge was originally charged with culpable driving but he finally pleaded to the lesser charge in October this year.

In victim impact statements tendered to the court, Mr Noonan's family spoke of their devastating loss.

His wife Lynette said she was angry that Hodge had offered no apology and showed no remorse for what he had done.

She said she had lost her beloved husband, lifetime companion and friend.

Judge Smallwood heard that Mr Noonan's grandchildren continued to set a place at the dinner table for their beloved "Pa".

Defence lawyer Tony Trood said his client had shown significant remorse and that although he had worked long hours, he had believed it was safe to drive.