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AAP
AAP
National
Emily Woods

Vic driver avoids jail over fatal crash

A driver who fatally struck a pedestrian has been sentenced to a community corrections order. (Con Chronis/AAP PHOTOS) (AAP)

Brendan Newcombe was walking home after collecting groceries for his family when a ute struck him as he crossed the road.

It was night-time, there was limited street lighting and the 44-year-old was wearing dark clothing.

Driver Matthew Lorkin didn't see him coming.

Lorkin had just picked up takeaway and was waiting for a car approaching him before turning right onto Vermont Parade in Greensborough, northeast of Melbourne.

He began to turn, cut the corner and struck Mr Newcombe on the pedestrian crossing.

Lorkin heard Mr Newcombe yell and then saw him on his car bonnet, which caused him to stop and call emergency services.

"Mate, I've just run someone over, turned the corner, didn't see him," Lorkin told triple zero.

Mr Newcombe died in hospital three days after the June 16, 2020 crash. His death had a profound impact on his family, who continue to relive the day.

His father still struggles to walk across the road and his mother has difficulty sleeping through the night, her home is quiet and lonely without him.

Lorkin, 41, pleaded guilty to dangerous driving causing death and was sentenced in the County Court on Tuesday.

Judge Angela Ellis decided a two-year community corrections order was more suitable than a prison sentence, after she found there were exceptional circumstances.

She said Lorkin was not under the influence of drugs or alcohol, had no priors, the road was dark, he called triple zero and admitted what he did to police.

Additionally, if he was sent to prison his family would not be able to meet their mortgage repayments. They would have to move house and his children would need to change schools.

"I accept you are extremely remorseful for your offending," Judge Ellis told the court.

"This has been stressful and has weighed heavily on you.

"Together these do amount to substantial and compelling circumstances that are exceptional and rare."

Lorkin must perform 300 hours of unpaid community work under the order and he cannot drive for 18 months.

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