P-plater spared jail time over crash that killed dad

A P-plate driver has been spared jail time after causing a horror car crash that killed a father of five. The 22 year-old driver was sentenced to a three-year Community Correction Order.

The p-plate driver has avoid jail time over the fatal smash. Picture : Ian Currie

A P-plate driver whose split-second of inattention killed a father of five in a horror smash northwest of Melbourne has been spared jail.

Riyad Aboueid, 22, from Brunswick, was sentenced in the County Court on Wednesday to a three-year Community Correction Order after pleading guilty to dangerous driving causing death.

The commerce university student, then 18, had only had his licence for six months when he pulled out of his uncle’s driveway into the path of Rabyh Omar’s four-wheel drive on Feehans Rd, Wildwood on September 10, 2018.

Mr Omar, 38, was not wearing a seatbelt with the impact from the collision causing him to be thrown from the driver’s window.

He was crushed by his 4WD when it rolled and landed on top of him.

Mr Omar was a father to four with a fifth child on the way at the time.

The court heard Aboueid showed “genuine remorse” for his actions and even attended Mr Omar’s funeral with the permission of his family.

His lawyer George Balot told the court his client wanted to “reiterate his apology and sorrow to the Omar family”.

The County Court of Victoria heard the case. Picture: David Crosling

“Whilst his remorse is no substitute for punishment, he hopes it will help the family to find closure and begin the process to find peace in their lives,” Mr Balot said.

In a victim statement Mr Omar’s mother, Miriam Omar, said she had lost a “best friend” and “nothing this court can say or do will bring (him) back”.

County Court Judge Trevor Wraight acknowledged that any sentence he imposed would not reflect the worth of Mr Omar’s life.

He said Aboueid was an “inexperienced driver” behind the wheel of a new Triton ute purchased by his dad 13 days earlier.

Mr Omar’s vehicle would have been clearly visible to you,” Judge Wraight said.

“It is self-evident you miscalculated the distance or Mr Omar’s vehicle from you.”

Crash reconstruction experts estimated Aboueid was travelling at 17km/h when he struck Mr Omar, who was travelling at 73km/h in the 100km/h limit.

Judge Wraight said the “lack of aggravating features” such as drugs, alcohol or speeding contributed to a lesser sentence for Aboueid.

“Your prospects of rehabilitation are excellent,” he said.

He said “some modest weight” should also be given to the fact Mr Omar was not wearing a seatbelt.

The court also heard Mr Omar’s licence was suspended due to an accumulation of demerit points.

Judge Wraight ordered Aboueid complete 150 hours of unpaid community work as part of his CCO, and cancelled his driver’s licence for 18 months.