Kunj Patel sentenced after killing beloved father Tyler Matthews-Burnes in fatal New Year's Eve crash

An Uber driver who killed a young father after turning into oncoming traffic in a manoeuvre that “defied belief”, has avoided jail.

An Uber driver who killed a beloved father on New Year’s Eve when he made the “incomprehensible decision” to turn into oncoming traffic has avoided jail time.

Kunj Patel, 31, appeared in the District Court for sentencing on Wednesday after making an abrupt, and illegal, right turn from the middle lane of Robe Tce, at the intersection of Fitzroy Tce – causing motorcyclist Tyler Matthews-Burnes, 24, to collide with his car in a “horrific impact”.

Patel, of Northfield, later pleaded guilty to one count of causing death by dangerous driving after he was charged on New Year’s Day.

In front of Mr Matthews-Burnes’ friends and family, Judge Kristopher Handshin said Patel’s actions “almost defied belief”.

Mr Matthews-Burnes with his young daughter, who was just three years old at the time of his death. Picture: Facebook

“Once you began to execute your turn with such severely impeded visibility, you took no apparent steps to do so with common sense caution – such as by edging your way into a position where you might have at least had a chance to see and take evasive action,” Judge Handshin said.

“The horrendous consequences of what was an obviously impulsive and unsafe, yet avoidable, act of driving should serve as the most sombre reminder for every motorist about the inherent dangers of doing things on the road hastily.

“It involves a fundamentally unsafe driving manoeuvre – indeed one that was fraught from the outset.

“Your act of dangerous driving caused the death of a young man and has broken a family.”

Patel had initially pleaded not guilty to the charge in August last year, but changed his plea to guilty in November – entitling him to a 5 per cent discount on his sentence.

Prosecutors said Patel was travelling in lanes designated to go straight ahead on Robe Tce when he instead turned right, crashing into Mr Matthews-Burnes’ motorcycle.

Patel leaving court last month after victim impact statements were read to the court from the family of Mr Matthews-Burnes.

Last month, Mr Matthews-Burnes’ mother Alison wept, as she told her son’s killer about the nightmare she was faced with when she received the fateful New Year’s Eve phone call.

She said that just days before the crash, her family had enjoyed spending Christmas Day together and that she didn’t know it would be the last holiday she would spend with her son.

She told the court she had flown to Queensland to surprise other members of her family when she received a phone call from police at about 7pm on New Year’s Eve, telling her that her son had been involved in a crash.

On Wednesday, Judge Handshin sentenced Patel to four years and 14 days imprisonment with a non-parole period of three years and three months.

However, due to Patel not posing “any ongoing risk” to the community, Judge Handshin ordered the sentence be served on home detention.

He also issued a 10-year driving disqualification, to commence upon the completion of his sentence.

Originally published as Kunj Patel sentenced after killing beloved father Tyler Matthews-Burnes in fatal New Year's Eve crash