A MAN has walked from court after being sentenced for causing a deadly car crash that killed a Tamworth mother more than two years ago.
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Chris McKinney, 63, appeared in Sydney's Downing Centre District Court with his lawyers on Thursday as his sentence was handed down for causing the death of Linda Varley, after he drove onto the wrong side of the road in 2019.
Ms Varley's family watched the sentence being handed down via video link.
Acting Judge Mark Marien sentenced McKinney to a two-year intensive corrections order (ICO), or jail term in the community, and disqualified him from driving for 18 months.
McKinney was found guilty of dangerous driving causing death at the end of a three-day, judge-alone trial in November last year, where he represented himself.
He crossed the centre line of the New England Highway, north of Bendemeer, on the morning of February 28, 2019, and slammed into the oncoming car being driven by Ms Varley. She died at the scene.
Acting Judge Marien said he had taken into account McKinney's low moral culpability; his prior good character; the serious injuries he suffered in the crash; as well as his physical medical conditions.
He also said it was clear McKinney was "profoundly remorseful" for causing the crash and taking Ms Varley's life.
Acting Judge Marien said be believed the crash to be a case of "momentary inattention" and he had given "anxious consideration" to how long McKinney should be disqualified from driving.
He ordered an 18-month disqualification, noting McKinney's inability to access public transport and his physical health conditions.
The ICO means McKinney will be allowed to live at his home in southern NSW and will be supervised by community corrections.
It's important to remember ... this is a sentence of imprisonment.
- Acting Judge Mark Marien
"It's important to remember ... this is a sentence of imprisonment," Acting Judge Marien told the court.
He said he found it necessary for McKinney to face a custodial sentence because it was an "extremely serious" offence and caused loss of life.
The court heard Ms Varley's family members had read victim impact statements on a previous occasion that "poignantly" described the devastation caused by her death.
Acting Judge Marien extended the court's sympathy to her family and friends, and said it was clear she was well-known and highly regarded in the Tamworth community.
The court heard in a sentencing assessment report McKinney had told the author that he should have died in the crash.
The sentence came after defence lawyers previously revealed McKinney had relocated from his home in Victoria to a caravan park in NSW, making him eligible for an ICO.
McKinney was facing a maximum of 10 years' imprisonment for the dangerous driving offence.
Acting Judge Marien said there were exceptional circumstances in the case that meant he concluded there was no need to impose further conditions in court.
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