By Tara Cosoleto
A lawyer who fatally struck a pedestrian while reversing down a busy Melbourne street will not serve any prison time, following a plea from the victim’s family.
Erin Bentley, 44, was walking from a tram stop in Flinders Street about 9.40am on May 26, 2022, when Liam Murray hit her with his car.
Credit: Shutterstock
The 36-year-old had been reversing down the busy thoroughfare so he could detour through a laneway and avoid traffic.
Witnesses saw Bentley thrown into the air and rushed to her aid. Murray was among the people who called triple zero, but Bentley was severely injured and died in hospital six weeks later.
Collision experts found Murray was travelling between 23km/h and 28km/h at the time of impact, with skid marks on the road showing he tried to brake. He had no drugs or alcohol in his system and there was no evidence he was sleep-deprived.
Murray, a senior associate at KCL Law, pleaded guilty in the County Court on Tuesday to dangerous driving causing Bentley’s death.
Judge Robyn Harper sentenced him to a three-year community corrections order with 200 hours of unpaid community work.
She said Murray’s momentary lapse in attention led to the most horrific consequences. But the judge noted Bentley’s family had requested Murray not be sent to jail, saying they instead wanted him to heal from the trauma.
“Their compassion and understanding is a significant factor,” Harper said.
Liam Murray arrives at the County Court on Tuesday.Credit: Jason South
Earlier in the day, Bentley’s sister Danae spoke through tears as she described her sister as a compassionate soul who shone brightly on those around her. “It makes no sense to me that I can no longer call her, see her, dance with her or talk to her,” she told the court.
Danae Bentley said she held no ill will towards Murray, instead choosing to honour Bentley’s memory with grace and compassion. “I know for sure that’s what she would have wanted,” she said.
Murray shed tears as the statement was read to the court, and his lawyer, Sam Norton, noted the words were incredibly humbling for his client.
He said Murray had written a detailed and heartfelt apology letter directly to the Bentley family, which would not be tendered in court or read aloud.
Norton said the letter, along with the guilty plea, showed Murray had genuine insight into his offending and was remorseful.
The lawyer also noted Murray had no prior criminal history and corrections assessors had found he was at very low risk of reoffending.
Prosecutor Alexander Albert conceded Murray’s moral culpability was at the lower end, and he was a man of good character with insight into his offending. Albert noted the charge of dangerous driving causing death usually warranted a mandatory jail term, but Murray’s case was the exception.
Along with the corrections order, the judge cancelled Murray’s licence and disqualified him from driving for two years.
AAP
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