Ross Hocking was handed a 10-month suspended sentence in a Newcastle court on Friday afternoon over the double fatal at Wallabadah, last year, which claimed the lives of John and Marye Riley. 

Magistrate Ian Cheetham convicted the now 70-year-old of negligent driving occasioning death and disqualified him from driving for three years.

Hocking, who lives in Southern Sydney, pleaded guilty to the charge earlier this year in a Tamworth court, before the Director of Public Prosecutions (DPP) agreed to drop two charges of dangerous driving occasioning death, driving furiously in a motor vehicle causing bodily harm, and causing bodily harm by misconduct.

Witnesses came across the crash on the New England Highway, just north of Wallabadah, about 3.30pm on September 12, last year.

According to facts tendered in court, Hocking told a witness at the scene of the crash he might have “drifted off”.

“Yes, I think I drifted off and have woken when it was too late and tried to get out of their way,” facts stated.

Police arrived shortly after and found Mr and Mrs Riley dead in their Subaru Brumby, which had careered down an embankment off the side of the road by the force of the crash.

A highway officer established a crime scene and questioned Hocking about what happened, when he replied, “I think I just dosed off”.

Hocking’s wife suffered a fractured rib and damage to her spine, while he was treated for minor cuts and abrasions in Tamworth hospital.

Hocking, who was on route from Illawong to Glen Innes at the time, failed to negotiate a sweeping left hand bend on a steady incline, and drove straight into the southbound lane.

Crash investigators found Mr Riley tried to brake 10m before the crash but Hocking’s car hit the couple head-on, and then rolled.