Claremont man avoids jail for negligent driving causing death of man in 2023 Mornington crash

A Claremont man who had been out shopping for his wife’s birthday before his ‘momentary lapse of judgement’ caused the death of an elderly man has been sentenced.

Magistrates Court in Hobart CBD. Picture: RICHARD JUPE

A Claremont man has avoided jail time for a 2023 accident a Hobart judge called a ‘momentary lapse of judgment’ that resulted in the death of an 82-year-old man.

Rodney James Horne, 75, faced the Hobart Magistrates Court on Wednesday after he earlier pleaded guilty to one count of causing the death of another person by negligent driving.

The court heard that Horne’s trip to the Cambridge shopping centre on July 15, 2023 to buy a birthday present for his wife went wrong when he tried to turn right onto the Tasman Highway at Mornington heading towards the Hobart Airport.

Rodney Horne

The victim, Graham McKay, 82, and his wife Maureen were driving in the opposite direction and crashed head-on with Horne’s vehicle.

Mr McKay was a passenger at the time of the incident, with both he and his wife taken to the Royal Hobart Hospital.

While Ms McKay only had chest bruising, Mr McKay was taken to the hospital in a serious condition with fractures to his sternum, femur, pelvis and ribs.

Mr McKay’s condition continued to deteriorate until five days later, when he was removed from life support from his family’s wishes.

The prosecution stated that Horne “failed to give way to traffic on Flagstaff Gully Road” and that he had previously been driving a straight, clear section of road with clear visibility for 200m.

The prosecution stated that police believed speed and alcohol weren’t a factor in the crash.

Ms McKay was offered to provide a victim impact statement to the court.

Horne’s lawyer James O’Shannessey told Magistrate Chris Webster that Horne “carries the accident and its consequences with him”.

“He has asked me to convey his regret to Mr McKay’s family and friends and that he still thinks of the accident every day,” he said.

Car crash. Picture: iStock.

Mr O’Shannessey also highlighted his good driver’s history, with only one low-range speed conviction recorded in the past 20 years, as well as his strong employment history of 47 years with Cripps and his lengthy record of volunteering.

“Horne recalls braking for vehicles at the turn and states he had only entered the lane for a small moment before he noticed Mr McKay,” Mr O’Shannessey said.

“He questions himself to this day how he didn’t notice the vehicle.

“It was a matter of seconds.”

In handing down a sentence, Magistrate Webster recognised Horne’s early plea of guilty and his “excellent driving record”, but said that even in cases of “minimal negligence” a general deterrence still needs to be given.

“It appears it was a momentary lapse of judgment,” he said.

“It’s not suggested that he deliberately tried to cut in front and no alcohol or drugs were involved.”

Magistrate Webster ordered a conviction recorded on the one count of negligent driving causing death, with a three-month suspended prison sentence and 15 months license disqualification.