Whether a truck driver who ran a red light and killed a man was due to "momentary inattention" is of "critical significance" in deciding if he will spend time behind bars, a court has heard.
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Jake Barrett had his eyes down for up to 11 seconds, claiming to have heard an alarm in the truck cabin, resulting in the "horrific" death of Alistair Urquhart, 45, who was propelled from his vehicle upon impact.
Barrett, of Karabar, faced the ACT Supreme Court on Friday for the start of his sentencing proceedings.
The 29-year-old previously pleaded guilty to charges of culpable driving causing death and grievous bodily harm.
A charge of drug driving has been discontinued.
Barrett killed Mr Urquhart and seriously injured another man in September 2021 while driving a 22.5-tonne tow truck for a company called Quickeze.
Before hearing submissions from lawyers on Friday, Justice Chrissa Loukas-Karlsson acknowledged the case was "a tragedy" and "just horrific".
"The court recognises the offences had a profound impact on both the family of Mr Urquhart and of course on [the other victim] and what has occurred as a result of the offence is beyond dry legal words," Justice Loukas-Karlsson said.
"This is so difficult, so difficult for the families to bear and it's important the court recognises that, and we are all human beings."
In his submissions, Barrett's lawyer, Nathan Deakes, argued for the court to impose an intensive correction order to allow his client to serve time in the community rather than behind bars.
"[Barrett has] displayed genuine remorse since the accident. This began immediately roadside in conversations with police," Mr Deakes said.
"The guilt of this tragic accident is something Mr Barrett will live with for the rest of his life as well."
After the crash, Barrett told officers: "I just killed a guy. I want to make it better but I don't know how to make it better. A guy is dead because of me. I'm so sorry."
In a letter written to the court, Barrett's wife said he was "often in a zombie-like state" following the crash.
Mr Deakes argued it was a case of "momentary inattention" and not an abandonment of Barrett's responsibility as a driver.
However, the acting ACT Director of Public Prosecutions, Anthony Williamson SC, argued it was not a case of momentary inattention with the judge's finding on this a matter of "critical significance".
"The term of concept of momentary inattention is most aptly understood to be one involving a fleeting glance," Mr Williamson said.
He argued "eyes down for eight to 11 seconds" was not fleeting and "when you are driving 30 tonnes of machinery at 80kmh on a busy arterial road is of extreme significance."
"He not only went through a red light, he failed to observe completely the change in sequence from beginning to end," Mr Williamson said.
"He's certainly regretful for what happened but he doesn't necessarily truly accept that his offending was culpable."
Agreed facts state that on Barrett's first day back at work after a COVID-19 lockdown, his boss sent him out in a truck he did not usually drive.
He was heading north on the Barton Highway when he claims an alarm went off in the truck and he looked away from the road in an attempt to figure out why.
While looking down for between eight and 11 seconds, he drove through a red light at the intersection with Gungahlin Drive in Canberra's north and hit Mr Urquhart's Ford Falcon.
Barrett's truck was travelling about 79km/h at the point of the impact, which pushed the Falcon into a Toyota Landcruiser and propelled Mr Urquhart onto a median strip about 30 metres away.
The driver of the Landcruiser, which was spun onto a nature strip, was trapped and had to honk his horn in order to alert people to his predicament.
Emergency services ultimately cut the driver's door off the Toyota in order to free the surviving man, who was taken to Canberra Hospital with serious injuries.
While subsequent investigations found there was no mechanical reason for an alarm to have sounded in the truck, the condition of the vehicle after the collision meant it was not possible to disprove Barrett's claim.
Justice Loukas-Karlsson is set to hand down her sentence on September 14.
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