A lawyer who fatally struck a pedestrian while reversing down a busy Melbourne street will not serve any prison time following a plea from the victim's family.
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Erin Bentley, 44, was walking from a tram stop on Flinders Street about 9.40am on May 26, 2022, when Liam Murray hit her with his car.
The 36-year-old had been reversing down the busy thoroughfare so he could detour through a laneway and avoid the upcoming traffic.
Multiple witnesses saw Ms Bentley thrown into the air and rushed to her aid, with Murray among the people who called triple zero.
She was severely injured and died in hospital six weeks later.
Collision experts found Murray was travelling between 23km/h and 28km/h at time of impact, with skid marks on the road showing he tried to brake.
He had no drugs or alcohol in his system and there was no evidence he was sleep deprived.
Murray, a senior associate at KCL Law, pleaded guilty in the County Court on Tuesday to dangerous driving causing Ms Bentley's death.
Judge Robyn Harper sentenced him to a three-year community corrections order with 200 hours of unpaid community work.
She said Murray's momentary lapse in attention led to the most horrific consequences.
But the judge noted Ms Bentley's family had requested Murray not be sent to jail, saying they instead wanted him to heal from the trauma.
"Their compassion and understanding is a significant factor," Judge Harper said.
Earlier in the day, Ms Bentley's sister Danae spoke through tears as she described her sister as a compassionate soul who shone brightly on those around her.
"It makes no sense to me that I can no longer call her, see her, dance with her or talk to her," she told the court.
Danae Bentley said she held no ill will for Murray, instead choosing to honour Ms Bentley's memory with grace and compassion.
"I know for sure that's what she would have wanted," she said.
Murray shed some tears as the statement was read to the court, with his lawyer Sam Norton noting the words were incredibly humbling for his client.
He said Murray had written a detailed and heartfelt apology letter directly to the Bentley family, which would not be tendered in court or read aloud.
Mr Norton said the letter, along with the guilty plea, showed Murray had genuine insight into his offending and was very remorseful.
The lawyer also noted Murray had no prior criminal history and corrections assessors had found he was a very low risk of reoffending.
Prosecutor Alexander Albert conceded Murray's moral culpability was at the lower end and he was a man of good character with insight into his offending.
Mr Albert noted the charge of dangerous driving causing death usually warranted a mandatory jail term, but Murray's case was the exception.
Along with the corrections order, Judge Harper cancelled Murray's licence and disqualified him from driving for two years.
Australian Associated Press
