A BAKERY driver who lost control of his van and killed an oncoming motorcyclist from Chelmsford, in a head-on collision, has been spared jail.
Dennis Lister, 44, of Purneys Close, Greenwich, was made the subject of a community order.
Chelmsford Crown Court was told father-of-two Andrew Bird, 45, of Lucas Avenue, died at the scene of the 6am crash at Woodham Mortimer, on April 24 this year.
Judge Anthony Goldstaub said Lister had “for some reason” lost control of his van and allowed it to cross on to the wrong side of the B1418 Southend Road, directly into the path of Mr Bird who was driving “entirely properly”.
Lister had worked as a driver for 22 years, but has been off work since the accident and has been receiving counselling, paid for by Greggs Bakers, the court was told.
He pleaded guilty to causing death by careless driving and was given a community order with 280 hours unpaid work.
He was also disqualified from driving for three years.
He had denied causing death by dangerous driving and the prosecution accepted the guilty plea to the lesser charge.
Mr Bird’s family and friends, including his widow, were in court to hear the sentence.
The judge, paying tribute to the restraint and dignity shown by the relatives and friends who were not “baying for the defendant’s blood”, told them he had to follow sentencing guidelines. He said: “I stress that the means of disposal in this case is not intended to represent any measure of the enormous loss of life of Mr Bird as it has been experienced, and will continue to be experienced for ever, unfortunately, by his widow and family.”
He said Mr Bird had been married for nearly 20 years and had two sons, adding: “It’s heartbreaking to read the simple statement of his widow about the loss to her.”
The judge said the smallest mistake at the wheel, “even a twitch”, could result in terrible consequences, but all drivers were fallible to making a momentary mistake. Most, however, he said, did not result in a fatal accident.
Judge Goldstaub also commented that if he sent Lister to jail, it would not benefit Mr Bird’s family.
He explained: “It would simply leave a second family and group of friends bereft as well, if only temporarily.
“The Sentencing Guidelines Council is of that opinion.
“For momentary error the penalty is recommended to be less than imprisonment.”
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