A driver who caused his best friend's death after crashing the car they were both in while under the influence of methamphetamine was sentenced in Orange District Court on Tuesday.
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On the evening of March 8, 2018, Barry John Moore, of Spring Street, was driving Ali Tan to Deniliquin so Mr Tan could start a new job when Moore lost control of his Ford Falcon station wagon and rolled into a table drain just outside of Blayney.
Two cars coming from the opposite direction stopped when they saw a cloud of dust and the out-of-control station wagon travelling sideways in their lane before it hit the embankment and rolled.
The drivers immediately helped Moore out of the car, but did not realise Mr Tan, 33, was also in the vehicle.
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Judge Graham Turnbull commended the multiple road users, including a nurse, who stopped to help Mr Tan.
"Bystanders involved themselves in trying to save this man's life in a way that's commendable, it exemplified community spirit and a notable degree of courage," Judge Turnbull said.
He was conscious but pinned by the headrest, and when they found him he started losing consciousness and due to his deteriorating condition they removed him from the car.
Mr Tan suffered spinal injuries and brain trauma and was taken to Orange Hospital then transferred to Westmead Hospital before being put on life support at Royal North Shore Hospital. His life support was turned off on March 16.
Bystanders involved themselves in trying to save this man's life in a way that's commendable, it exemplified community spirit and a notable degree of courage.
- Judge Graham Turnbull
A blood test taken at Orange hospital found Moore, 57, was affected by methamphetamine, and he also had cannabis, methadone, and an anti-depressant in his system.
Before leaving Orange, Moore had topped up the car's brake fluid, power steering fluid and oil, and told police that he lost control when he was approaching a bend and pumped the brake pedal but the brakes did not work.
An investigation could not determine the speed of the vehicle and although the brake line was severed it was determined it happened as a result of the crash.
Judge Turnbull also said Moore showed remorse for his actions and had become teary when talking about his best friend Mr Tan.
"He's well aware that his actions had fatal consequences for someone he cared deeply for," Judge Turnbull said.
"The victim was aware of the offender's drug use before driving, this is in no way to blame the victim."
Judge Turnbull said the offence required a custodial sentence but he took note of Moore's chronic heart, lung and breathing conditions and said he was at high risk of coronavirus.
"This man has presented to court on every occasion carrying an oxygen tank, he's stooped, he's ashen, he seems frail, he presents as clearly a very sick man," Judge Turnbull said.
"He seems to me to already be imprisoned by his conditions, imprisoned in his body."
Judge Turnbull said Moore has since stopped using methamphetamine and abided by strict bail conditions for the past two years so the sentence could be served in the community.
He gave him an 18-month intensive correction order with a three-year driving disqualification.
Moore will be drug tested as part of the ICO and could face full-time jail if he fails a drug test.
Moore pleaded guilty to the charge of dangerous driving occasioning death while under the influence at an early opportunity earning him a sentencing discount.
The sentencing was adjourned multiple times due to his health problems, medical treatment, the risk of the summer bush fire smoke to his health, and more recently because of coronavirus mitigation measures.