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A young man whose negligent driving caused the death of a newspaper delivery driver in rural southern Tasmania won't serve any time behind bars.
Kobe Brenden McCauley crossed to the wrong side of the road in the early hours of August 8, 2021 with "no explanation", causing a head-on collision that claimed the life of John Tscherkaskyj.
"(It was) deliberate and risky ... with serious consequences," magistrate Marica Duvnjak told Hobart Magistrates Court on Monday, describing the level of negligence as serious.
McCauley, who was 18 at the time of the crash, had earlier pleaded guilty to causing the death of another person by negligent driving and causing grievous bodily harm by negligent driving.
A woman in the front seat of McCauley's car suffered serious injuries, including a broken spine, and has undergone a "slow and painful" recovery.
McCauley actively steered into the oncoming northbound lane, taking a "racing line" on a corner.
He was sentenced to five months' jail, wholly suspended, and disqualified from driving for 10 months.
One of Mr Tscherkaskyj's daughters, Amanda, 28, said her family was gutted to see McCauley avoid jail.
She described her father as outgoing, funny and one-of-a-kind.
"I would give anything just to have him back," she said outside court.
Ms Duvnjak said McCauley deeply regretted the manner of his driving. He had blamed himself and withdrew from other people following the crash.
She ruled alcohol, drugs, excessive speed, weather and car roadworthiness did not play a factor in the collision. She said there was no evidence of emergency braking from either vehicle.
She noted good character references from McCauley's workplace, his clean criminal history and said rehabilitation was an important factor given his age.
Ms Duvnjak said Mr Tscherkaskyj's death had been devastating for his large family.
"No sentence imposed ... will ever return the life that has been taken," she said.
