Cootes driver given 12-month suspended sentence


Shane Day escapes jail time but has been fined and lost his licence for two years

Cootes driver given 12-month suspended sentence
NSW District Court judge says while the consequences of the crash were serious, Shane Day's culpability was low.

 

Cootes Transport driver found guilty of negligent driving in a fatal crash in 2013 has been given a 12-month suspended sentence and fined $1000 today.

Judge Flannery told the court that while the consequences of the crash were serious, driver Shane Day's culpability was low.

Day "should not have been put in a truck" in which 10 of the brake pads were worn through, Flannery says.

In addition to the suspended sentence, Day has been ordered to enter a good behaviour bond.

His licence has been suspended for two years.

Day was driving a Cootes-owned tanker when it rolled at Mona Vale on Sydney’s northern beaches and burst into flames, killing Peter Wern and Graham Holfreter and injuring five others.

Last week, New South Wales District Court found him guilty of exceeding the posted speed limit and not complying with a road sign asking truck drivers to use low gear.

Day was earlier cleared of charges related to dangerous driving causing death and driving causing serious injury.

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