Nicholas James Parker Wiki – Nicholas James Parker Biography
Nicholas James Parker, 23, had been driving for less than 10 minutes when he hit cyclists Geoff Havill and Chris Culver in the early hours of December 10, 2019. The 19-year-old was driving along Kurrajong Rd in Richmond, in the city’s northwest, while heading to school. The court previously heard Parker fell asleep at the wheel and veered onto the wrong side of the road, where he hit the two cyclists, 7News reports. Havill, 49, died at the scene, while Culver, 40, was rushed to hospital but did not survive his injuries. After hitting a guardrail, Parker stopped and a witness asked him if he was okay, to which he responded, “I fell asleep.” Did I hit any other cars?
He was charged with two counts of dangerous driving resulting in death, one count of negligent driving resulting in death and a minor driving offence. Judge-alone trials in 2021 and 2022 found Parker not guilty of dangerous driving charges but convicted him of negligent driving. He was sentenced to a 12-month intensive correctional order, requiring him to complete 200 hours of community service, and was disqualified from driving for three years. Parker had pleaded guilty to crossing on the wrong side of the road and was also fined $1,000 for the crime. He appealed the guilty verdict for negligent driving and on Monday he was acquitted by the Court of Criminal Appeal. In previous trials, the court heard Parker slept six hours the night before the horror crash.
Nicholas James Parker is 23 years old.
Although he did not dispute that he fell asleep or drove on the wrong side of the road, Parker said he had an “honest and reasonable, although mistaken, belief that it was safe for him to drive.” That belief formed part of the evidence that proved Parker was innocent of dangerous driving. In his appeal, Parker argued that the negligent driving charge should also have been dismissed. ‘(Parker’s) essential argument is that the conclusion made in the dangerous driving sentencing in relation to an honest and reasonable mistake of fact should have been, but was not, carried out by (the trial judge) in addressing that issue in relation to the offense of negligent driving,” Judge Nicholas Chen said in his verdict. Parker’s appeal was based on two grounds. First, he asserted that his guilty verdict could not be upheld due to erroneous factual findings by the trial judge. Second, Parker argued that the judge did not provide an adequate reason to consider that he had driven negligently. Both grounds were upheld and Parker’s conviction was overturned. A new trial was not ordered because Parker had already served his sentence and the judge found it “unthinkable” that he would be subject to any additional “punishment.”