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Newcastle Herald
Newcastle Herald
National
Madeline Link

'He deserved to go to jail': driver of double-fatal crash sentenced

Carer Jemima Dowding was killed in the crash on the Pacific Highway on March 24, 2022. Picture supplied

A FRIEND of one of two people who were killed when 61-year-old Shane Ambrosoli lost control of his work ute at Hawks Nest in 2022 said he has "no idea what he has done".

Carer Jemima Dowding and motorcycle rider Michael Bourke both died in the horror crash on March 24.

Ambrosoli was sentenced to a 14-month intensive corrections order and disqualified from driving for three years in Raymond Terrace Local Court on Wednesday.

He could be back on the roads within 11 months, having had his licence suspended since the crash.

Friend Tammy Hamilton said her daughter, who is a disability support worker, was supposed to be in the van Ms Dowding was driving on the day she lost her life.

"I'm really disappointed, I really am, because he deserved to go to jail," Ms Hamilton said.

"Jemima started off as my carer and we became firm friends, she knew the ins and outs of me, she was just such a beautiful, beautiful person.

"I don't think she was ever aware that people would just look at her and they would flock to her."

Jemima Dowding (left) and Tammy Hamilton. Picture supplied

Ms Hamilton said Ms Dowding had a "beautiful laugh" and would do anything for anyone who needed help.

"I confided in her and she confided in me, I'm so glad that life had brought us together, because I learned so much from her," she said.

"She showed me what real friendship was."

Ambrosoli was headed to a number of properties as part of his job with Mid Coast Council when he lost control of the car, crossed the eight metre grass median strip and plowed into Mr Bourke's motorcycle on the Pacific Highway in a rural area of Tea Gardens.

The motorcycle then collided with the driver's side door of the van Ms Dowding was driving. Mr Bourke was thrown from his bike and died on impact. Ms Dowding's van rolled into the safety barrier and she died at the scene.

A passenger, who was strapped into a wheelchair in the van, escaped the crash with minor injuries.

Magistrate Justin Peach said it was an offence that was committed "without malice" but one that had caused "catastrophic consequences" for everyone involved.

"Two people lost their lives, and the families of Ms Dowding and Mr Bourke will never be the same again," he said.

Magistrate Peach said it was unlikely that any punishment the court could impose would be as bad as the punishment Ambrosoli had imposed upon himself.

The court heard Ambrosoli had suffered from PTSD and heart problems since the crash.

Ambrosoli's solicitor Anthony Barber said his client had not "shirked his responsibility" in acknowledging his fault "all along".

The turn off to Viney Creek Road West on the Pacific Highway, near where the double fatal occurred. Picture Google Maps

Mr Barber said his client was a good man and a good person "notwithstanding that fatal moment of the day".

In a police interview after the crash, Ambrosoli said he was coming around a corner when the back end of the car "started sliding out".

"I don't know why. And I tried to control it. I tried everything to control it and the car went into the middle and I tried to stop it and it wouldn't," he said.

"It kept going and, and that's when I went over the other side of the road."

The rain was heavy on the day of the crash. Ambrosoli himself told police the rain was "torrential".

"The weather was awful and it was very hard to see and there was a lot of wash coming up from the road," he said.

"That's probably the most severe I've driven in."

Ambrosoli was going 104km/h in a 110km/h zone at the time of the crash, about 1.34pm, between North Arm Cove and Nerong near Viney Creek Road West.

He had driven the same car for work every day for the last 18 months.

Court documents show the vehicle was roadworthy but a police mechanical examiner later noted a reduced tread depth on the rear tyre.

Police facts in the case said Ambrosoli was aware that if he lost control of his vehicle other motorists were "at risk".

Ambrosoli told officers during an interview that there were quite a few cars on the road for that time of day. He was not found to be under the influence of drugs or alcohol and there was no evidence to suggest he was distracted.

Court documents said the reason he lost control of the vehicle was because although he was driving within the legal speed limit, his speed was "excessive" for the weather and traffic conditions.

Ambrosoli originally faced seven charges, including the more serious charge of dangerous driving occasioning death, which were later withdrawn.

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