No jail for Sydney Uber driver guilty over passenger death
An Uber driver who accelerated while a passenger was getting out at a Sydney intersection, causing him to fall and be hit by a bus, has avoided a prison sentence.
Nazrul Islam, 32, was found guilty by magistrate Mary Ryan in late 2018 of negligent driving occasioning the death of Englishman Samuel Thomas in June 2017.
The 30-year-old was "half-in and half-out" of the car when he was caught off balance by Islam moving off after the light went green.
Mr Thomas fell under an adjacent bus at the intersection of Elizabeth and Bathurst streets.
In Downing Centre Local Court on Friday, Ms Ryan convicted Islam and placed him on a 10-month intensive corrections order involving at least 200 hours of community service.
"The time was of critical importance. I watched that video over and over again," Ms Ryan said at Downing Central Local Court on Friday.
The CCTV shows the car's indoor light was illuminated for six seconds and aroused Mr Thomas's two sleeping and intoxicated friends.
"I didn't make a finding of momentary inattention. My finding was failure (by Islam) to keep a proper lookout," the magistrate said.
Barrister Greg James QC said Islam does not want to drive again due to "the effect on him as a result of the accident" and has been cycling to and from his present employment.
He submitted the driving offence, which carries a maximum penalty of 18 months in jail, "hits the very bottom of the range" of moral culpability and that a non-custodial option would be appropriate.
Mr James said Islam, from Bangladesh, has conducted himself "well here in every way except for what, on this occasion, is a lapse".
But police prosecutor Stuart Coote said there were "failings along the way" by Islam including driver inexperience before the 3am incident.
"It was an accident by its very nature but it's those contributing factors which he had control of," the prosecutor said.
"If he was managing his sleep, if he was managing his work balance, one would think he was far more alert at that time and unfortunately he just wasn't."
The car door made a sound as it was opened, the internal light and dashboard light both illuminated, and the front seat passenger turned around, the prosecutor said.
Ms Ryan intends to sentence Islam on Friday afternoon.
AAP