The family of a cyclist killed after being hit by a car is urging people to talk to young drivers to make sure they understand what is at stake when they get behind the wheel.
Gisborne doctor Lindsay Smyrk was struck by a car on Black Forest Drive in Woodend on his way home from a group ride with the Macedon Ranges Cycling Club on October 9, 2022.
The driver at the wheel was a 19-year-old P-plater, Amelie Sacha Vergez, who pleaded guilty in the County Court to a charge of dangerous driving causing death.
She was today sentenced to a two-and-a-half year community corrections order, with 200 hours of unpaid community work, and had her licence cancelled for 18 months from the date of the crash.
Had it not been for Vergez's guilty plea, Judge Stewart Bayles said he would have sentenced the 20-year-old Fern Hill woman to two years of imprisonment with a non-parole period of 10 months.
Judge Bayles identified two unusual aspects of the case: that Vergez stepped into the witness box and faced Dr Smyrk's family after hearing three moving victim impact statements and apologised for the pain she had caused; and that Dr Smyrk's family had shown sympathy towards Vergez.
"This is something that is not often seen in these matters," Judge Bayles said.
The court heard Vergez was on her way to work when the white Renault Megane hatch she was driving was seen drifting to the left, colliding with the back of Dr Smyrk's bike.
The 75-year-old cyclist died in hospital after being flown from the scene by air ambulance.
Judge Bayles said the case showed a brief moment of inattention was capable of "catastrophic consequences".
"Drivers must understand how serious their obligations are," the judge said.
"Lindsay Smyrk was beloved by so many people, not just us: his wife of 48 years, his three daughters, and his two grandsons. He was a brother, uncle, mentor, teacher, second dad, and loyal mate to countless people," his family said in a statement to the ABC.
"We are still in shock over losing him so abruptly and horribly, and we will never be able to fill the hole left in our lives.
The family said Dr Smyrk was "fitter than us all" at 75 years of age.
"He was very health focused because he loved his life - he wanted to be around for as long as possible, and we should have had him for so much longer," the family's statement said.
"He should have been there to meet our future children, to grow old with Mum as they always planned, and to ride his bike all over the world."
Witness evidence, read out in court, said Dr Smyrk was "doing the right thing": he was riding outside the solid white line on the shoulder, at a steady pace, wearing a flashing light and a club cycling top that had only recently been re-done to be more visible.
At the plea hearing, the court heard no brake lights were seen before the car hit the cyclist.
The prosecutor told the court there was no evidence that phone use, alcohol, drugs, or speeding were factors in the crash.
Vergez told police during her interview she was "really tired, more so than usual", the prosecutor said.
The court heard Vergez told police, "I don't really remember seeing him at all."
"I'm so sorry I have caused you so much pain," Vergez told Dr Smyrk's family in court, on the previous occasion.
In a statement to the ABC, Dr Smyrk's family described the crash as "an accident, a horrible one".
"We have accepted the apology of Amelie Vergez, and we feel pain for her suffering too," the statement said.
The charge of dangerous driving causing death carries a maximum sentence of 10 years' imprisonment, with a mandatory custodial period.
Both the prosecutor and the defence agreed there was cause for an exemption, due to the level of trauma Vergez was experiencing.
Judge Bayles said character witnesses had said in submissions to the court that Vergez was a changed person because of what happened, and that she was "engulfed in grief and despair".
"I accept you are truly sorry for your offending and deeply remorseful," the judge said.
Delivering her victim impact statement to the court during a previous hearing, one of Dr Smyrk's daughters said she did not want her father's death to be "another statistic".
"All we are hoping is that it can act as an important reminder to everyone out there that getting behind the wheel of a car is a huge responsibility," the family said in a statement to the ABC.
"We have all been distracted at times while driving, but we want people to really understand the kind of tragedy that can result from the slightest bit of inattention.
"We hope that next time someone thinks about quickly reading a text message while on the road, about getting behind the wheel when they're tired, about driving when they've had one too many drinks, they remember how quickly lives can be ended.
"As we now know too well, a tiny mistake can ruin multiple lives - not just for the victim and their family, but for the surrounding community and also for the driver."