A South Australian driver who caused the death of a Victorian cyclist has been sentenced to three years and four months in jail with a non-parole period of 20 months.
In December 2019, Amala Paulson's B-double truck struck the bicycle of 24-year-old Liam Batson on a stretch of the Western Highway and the Horsham father of two died at the scene.
Paulson, a 36-year-old from Salisbury Plains in Adelaide, was earlier found guilty of dangerous driving causing death, failing to stop and failing to render assistance.
At the sentencing in Mildura County Court today, all parties appeared via video link including Paulson, who was already in remand.
Judge Simon Moglia noted the "burden" felt by Mr Batson's loved ones, remarking that Mr Batson's widow Judy-Ann Batson was "tainted by pain".
He said she was "still traumatised by the absence of Liam" and that her family was now "and will always be, incomplete."
"[The] grief and loss felt by Mr Batson's family and friends is something they should not have had to suffer," Judge Moglia said.
An 'impeccable' driving record
He noted that until the collision, Paulson had an "impeccable" driving record, no relevant criminal history and a good attitude to other road users, influenced by the loss of her father in a road accident.
He said she was highly respected among her colleagues for her professionalism, hard work and honesty, and he did not believe beyond a reasonable doubt that she saw Mr Batson before and after the fatal collision.
But he said failing to see Mr Batson did not mean Paulson's driving was low on the scale of dangerousness, "or that your culpability for that driving was not high."
"The opportunity you had to see him was over a significant time and distance as you approached," he said.
"Not seeing him in reality means you were not in proper control of your vehicle, which is a matter attracting considerable culpability.
"A driver of your reputation and experience known for stopping and helping others — who carries an emergency kit for that purpose — in my view, would've pulled over there and then."
Transition should be 'supported to the maximum'
In remand, Paulson, who identifies as a trans-woman, was kept in solitary confinement for her safety.
Her lawyer Campbell Thomson requested a reduced sentence on the grounds of her deteriorating mental health and safety concerns associated with the transition.
Judge Moglia acknowledged those concerns, but was ultimately satisfied her prison arrangements were adequate to keep her from harm and maintained a status quo until she is released and able to resume her transition.
"While your introduction to custody is very rocky and still far from smooth, I find that your progression into a protection unit and participation with other women in work and other activities is acceptable," he said.
He acknowledged that gender reassignment was a long process with multiple stages that had already been completed and was "something that should be supported to the maximum extent possible consistent with other sentencing principles."
Judge Moglia said as dangerous driving was a category two offence, a jail sentence was required by law.
Paulson has served 64 days in pre-sentence detention.
Mr Thomson told the court he would seek bail for his client next week, pending an appeal against the conviction.
