Jail term for crash death lifted
A man convicted of killing a motorcyclist in a traffic accident has had an 11-month jail term dropped by a Canberra court.
However, on Monday the ACT Supreme Court ordered convictions for negligent driving causing death and driving while disqualified remain on Bilal Badr-Eddeen Omari’s record.
In April 2010 at about 8pm, Omari was turning right from Southern Cross Drive into Florey Drive when he collided with a motorcycle ridden by Andrew Carcamo.
Carcamo died when the motorcycle struck the front passenger side of Omari’s Honda Civic.
Omari argued that he knew the road and thought he had enough time to cross the intersection.
Police evidence suggested Carcamo was travelling at between 80km/h and 124km/h.
A hearing in the ACT Magistrates Court in December 2011 found Omari guilty of negligent driving causing death and sentenced him to 11 months’ imprisonment. The sentence included other unrelated traffic offences, including driving while disqualified.
Omari appealed the decision in the ACT Supreme Court. Omari’s lawyers argued the sentence was excessive and that he had been found guilty due to an error by the magistrate. Justice John Burns dismissed the appeal against conviction.
“The fact that the deceased’s motorcycle was there to be seen by the appellant prior to the collision if he had been keeping a proper lookout is not merely based on inference or even common sense,”
Justice Burns wrote in the judgment.
“[A witness] saw the deceased’s motorcycle with his headlight on as it approached the point of collision.
“I am satisfied that [the magistrate] was entitled to find the appellant guilty of the offence.”
Justice Burns found the sentence of imprisonment was excessive and set aside the jail terms.