A truck driver charged with dangerous driving causing the death of another truck driver is pleading to avoid a prison sentence so he can remain at home to care for his disabled son.
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Warren Blake, 52, appeared at the County County of Victoria via video link on Wednesday for a further plea hearing, after he earlier entered a plea of guilty to one charge.
The Darley man was driving a truck towing a tipper trailer filled with gravel on the Geelong-Bacchus Marsh Road when his trailer rolled and collided with an oncoming truck in Parwan.
Truck driver Andrew Rodger died as a result of the collision about 6.30am on March 25, 2019, when his truck ran off the road and into a farm shed.
Geelong-Bacchus Marsh Road is a single lane road. A witness saw Blake's truck cab veer into the other lane, then correct back into the left-hand lane.
A short period of inattention and then a reaction to it has caused catastrophe.
- Judge Michael Bourke
The trailer tipped over on correction, causing the collision.
The second truck left the road and travelled through grass, farm fencing and a large shed before coming to rest after Rodger was ejected from the cab.
A large part of the front cabin of Rodger's truck was dislodged.
Defence lawyer Andrew Bayliss provided evidence to the court on Wednesday that Blake played a significant role in caring for his disabled son and imprisoning him would cause immense hardship to his family.
The prosecution submitted the hardship should warrant a reduction in sentence, but it should be a custodial sentence.
Judge Michael Bourke said the evidence showed a 'very bad' situation for the child and his mother if Blake was sent to jail.
Judge Bourke said he needed to assess the level of Blake's culpability.
The crown prosecutor said Blake was 'very familiar' with the road and had travelled it many times.
She said the charge of dangerous driving was based on Blake's inattention and conceded speed was not a factor in the collision.
She said Blake crossed over double white lanes on a single lane road in dark conditions and at a time of high traffic.
Judge Bourke said it was a 'highly traumatic' and 'tragic' event.
"A short period of inattention and then a reaction to it has caused catastrophe," he said.
"This is a very difficult case and it is a sad case.
"I have got to move forward in my assessment of it without being affected by matters of emotion."
Blake will be assessed for a community corrections order and will return to court for sentencing on Tuesday.
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