‘Careless’ driver convicted of killing motorcyclist

A driver who killed a motorcyclist is the first person in Qld convicted of a new careless driving offence.

David Lund died when a car driven by Mihiri De Silva pulled in front of his motorcycle at Underwood in Brisbane’s south.

A driver who struck and killed a motorcyclist she failed to see at an intersection has received a suspended jail sentence after becoming the first person in Queensland convicted of a new careless driving offence.

Mihiri De Silva, 42, had a spotless criminal record and no traffic history when she turned her Toyota Corolla into the path of a Honda motorcycle ridden by 61-year-old David Lund, who died in hospital later that night.

Ms De Silva was last week convicted in Beenleigh Magistrates Court south of Brisbane of the new offence of driving without due care and attention and causing death, receiving a suspended sentence of five months’ jail.

The charge, introduced mid-last year, has a maximum penalty of 12-months’ imprisonment, or two years for unlicensed drivers.

Transport Minister Mark Bailey promoted the law as bringing in “tougher penalties” for driving offences resulting in death of serious injury, as the previous maximum for careless driving was six months’ imprisonment.

However, before the new law, the practice in Queensland was to charge drivers in cases involving a death with the offence of dangerous driving causing death, which can be dealt with only in higher courts and carries a maximum 14-year penalty.

Ms De Silva’s lawyer, Michael McMillan, confirmed she would appeal, seeking to have it reduced to a non-custodial sentence.

“It’s completely incorrect to approach sentencing saying ­because a victim has died, an ­offender has to go to jail,” he said.

“Clearly there is provision for offenders not to go to jail and be given something like a fine.”

The RACQ welcomed the new offence at the time but yesterday said it would closely watch how it was applied.

“We as a road safety organisation are extremely keen to see those drivers who are negligent and who are reckless removed from our roads, because they are a danger to everyone,” spokesman Paul Turner said.

“Unfortunately, in many of these cases the driver in question is not necessarily either of those, but have done something and made a mistake that has cost someone’s life. We need to be so careful about sentencing, because they’re not cut and dried.”

Queensland Law Society president Bills Potts said he was concerned there was a much lower bar for convictions under the new offence. “Every single car accident has some degree of carelessness,” Mr Potts said.

“How do you deter people who simply have a collision? If I run into the back of somebody, am I a dangerous driver?”

Lund crashed into the front passenger-side door and was sent flying over the car during the crash on September 13, 2018.

Lund’s daughter, Amee Lund, said she was satisfied it was a accident, and that Ms De Silva did not intend to drive recklessly.