A MAN whose driving caused the death of another motorist will be constrained by the rigid restrictions of an intensive correction order for six months after an appeal was heard in Dubbo District Court.
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Timothy James Webber, 31, appealed against the severity of a six month jail term imposed for driving a loaded vehicle unsafely causing death.
Judge Gordon Lerve heard the fatal crash occurred near Mudgee on May 3 last year.
Police said a 58-year-old woman was driving a Mazda hatchback in a westerly direction along Lue Road, Lue about 10.30am when a partly laden Volvo truck towing a bogie trailer carrying gas cylinders was travelling in the opposite direction.
About two kilometres east of Hayes Gap Road, the trailer separated from the truck and rolled into the westbound lane.
The trailer collided with the Mazda hatch causing driver Jane Mersing to become trapped.
Police and ambulance officers attended but Ms Mersing died at the scene.
Webber, the driver of the truck, was not injured. He was taken to Mudgee Hospital for mandatory blood and urine samples.
Judge Lerve considered evidence and prosecution and defence submissions before handing down a decision on the severity appeal.
The court heard Webber was in stable employment and had accepted referrals for drug and alcohol treatment.
Judge Lerve confirmed the six-month jail term imposed by Mudgee Local Court and ordered it to be served by way of an intensive correction order.
Intensive correction orders are served in the community under the strict supervision of Corrective Services NSW rather than in full-time custody.
Offenders subject to an intensive correction order are required to complete a minimum of 32 hours of community service work per month, undergo drug testing, participate in programs addressing offending behaviour and accept supervision from Corrective Services NSW.
Conditions may also require an offender to be subject to electronic monitoring, random unannounced home visits and a curfew.
Suitability assessments are required before a court can sentence an offender to an intensive correction order.