An 89-year-old Perth driver has avoided jail after drunkenly hitting and killing a pedestrian at one of Perth's busiest public art exhibitions.
Hugh Campbell was sentenced to two years in prison, suspended for 18 months, after drunkenly driving into a pedestrian during the Sculpture by the Sea exhibition in 2021.
Campbell had pleaded guilty to dangerous driving causing death.
He had consumed five 150ml glasses of wine and three 30ml whiskeys as well as a coffee, two glasses of water and a bowl of pasta over a period of six hours before getting behind the wheel.
He then mounted a kerb and "ploughed" into a 77-year-old grandfather from behind.
The man died the following day in hospital.
An expert toxicologist previously told the court Campbell's blood alcohol level could have been 0.121 per cent or higher at the time of the crash.
The court heard Campbell had previously described himself as "horribly drunk" during the incident.
Justice Sam Vandongen told the District Court in Perth Campbell had a host of serious health conditions including dementia, cognitive impairment, and degenerative arthritis.
He said while such a serious crime usually carried an immediate jail term, there were "very special" circumstances in this case.
Justice Vandongen said he extended a significant amount of mercy to Campbell due to his age and failing health, with imprisonment posing an "unacceptable risk of suffering injury, illness, or death".
The court heard Campbell had been living in an aged care facility since the incident, where he required around-the-clock care.
Campbell also had his licence suspended for five years; however, he handed it in immediately after the incident.
Jail could carry pneumonia risk: Judge
In an uncommon move, the state prosecutor told the court on Wednesday Campbell was unlikely to receive the required medical attention he required if he was incarcerated, particularly during lockdown hours from 6pm to 7am at Casuarina Prison's infirmary.
It followed a report by the Department of Corrective Services, which outlined its inability to provide Campbell with adequate supervision and care.
He said on Wednesday it was the first time he heard the department advise against incarceration on health grounds.
He said a jail term may be more "arduous" for Campbell than it would be for others and could put him at high risk of pneumonia and falling.
Sentence can never reflect value of victim’s life: Judge
During sentencing, Justice Vandongen stressed the seriousness of the crime Campbell committed.
"There's nothing I can do to bring [the victim] back," Justice Vandongen said.
"The sentence I impose can never reflect the value of his life."
He said there were several other mitigating factors for his decision including Campbell's history as a law-abiding citizen, the incident being out of character, his guilty plea, and his genuine shame and remorse.
