A Cranbourne West man whose elderly parents were killed after he took his eyes off the road for at least 15 seconds has been jailed for 18 months.
Dimin Wan, 53, pleaded guilty to two charges of dangerous driving causing death during a Victorian County Court sitting on 25 September.
In her sentencing remarks, Judge Rosemary Carlin told Mr Wan: “You failed to notice any of the warning signs or indications of an impending intersection” after his Mitsubishi wagon drove into the path of a truck, killing his 86-year-old father and 85-year-old mother in the back seat on the Mornington Peninsula in May 2019.
The court heard Mr Wan had taken his parents, who were visiting from China, on a day trip and were heading from Arthurs Seat to Hastings about 1.30pm.
Mr Wan was travelling 80km/h to 90km/h when he took his eyes off the road to check on his father who began to groan.
But Judge Carlin said Mr Wan then “failed to notice any of the warning signs or indications of an impending intersection”, which he drove through and collided with a truck.
“You did not slow down, let alone give way,” Judge Carlin said. “You were not paying proper attention to the road ahead for at least 15 seconds.”
Judge Carlin added there was “absolutely no opportunity for the truck driver to take evasive action,” after his dash-cam captured the incident at the Coolart Road and Myers Road intersection.
“That footage reveals that there was a car just ahead of the truck which would have been clearly visible to you as you approached the intersection had you been paying attention,” she said.
The court heard Wan, who had an “impeccable driving record” and no prior criminal history, was distressed at the scene and was later interviewed by police through an interpreter.
He made admissions and estimated he took his eyes off the road for one to two seconds. He also told investigators that he “did not know why the collision happened” and that he believed there were “lots of factors involved”, the court was told.
Judge Carlin acknowledged Wan was a “devoted son” and had not intended his parent’s death, and that the “consequences of your actions haunt you every single day”, revealing he now suffered post-traumatic stress disorder.
The court heard Wan came to Australia from China in 2004 with his wife, and ran a fish and chip shop.
In sentencing, Judge Carlin said: “It is really unfathomable how you could have missed so many warning signs as well as the intersection itself. Such a level of inattention was profound.”
Judge Carlin took into consideration Wan’s plea of guilt, his “profound remorse”, and good character when sentencing.
His driver’s licence was also cancelled and disqualified for 18 months.
