A former Noble Park footballer and charity marathoner has been jailed after his van struck and critically injured a cyclist.
Trent Robertson, 39, of Mordialloc, pleaded guilty at the Victorian County Court to dangerous driving causing serious injury to the 61-year-old victim on Nepean Road Brighton about 5.25am on 14 October 2024.
Prior to the crash, Robertson had been “distracted” by intermittently using phone apps such as Instagram, a Melbourne Marathon app and a calory-counting app Lose It! for about 10 minutes.
This included typing and sending a text to a friend.
During sentencing on 2 December, judge Gavan Meredith noted Robertson would pick up the phone in his hand to use it and then replace it on the front seat.
Judge Meredith stated he couldn’t say the precise second that Robertson was using his phone. At the time of the crash, the Lose It! app was unlocked and open.
The judge accepted that the consequences were unintended and unforeseen by Robertson.
But his lack of care and attention on a major arterial was “inherently dangerous”.
In the street-lit darkness, cyclist Jack Taylor wore a high-vis vest and helmet, with his bike’s red tail-light on.
A witness stated Robertson’s van drifted left and didn’t appear to brake before colliding with the bike.
Police investigators estimated he was driving about 62-66 km/h in the 80km/h zone at the point of impact.
After being struck by the van’s front passenger side, Taylor and his bike were propelled about 25 metres.
Robertson stopped at the scene to assist Taylor, telling police that “I didn’t see him. I just heard a bang.”
At a formal police interview, he made no comment.
Taylor, a high-performance coach from Diving Victoria, was hospitalised with life-threatening injuries including a traumatic brain injury, fractured ribs and vertebrae.
As a result, he still suffers persistent amnesia, cognitive decline and chronic pain.
He required spine fusion surgery, a blood transfusion and a month’s recovery at an injury rehabilitation centre.
Taylor’s life, including his vocation, was significantly altered, he stated to the court.
His wife described the devastation of seeing her husband hooked up to tubes in a hospital bed, not knowing if he’d survive.
In September, Robertson, a former Lyndale Secondary College student and father-of-two, raised $100,000 by completing a Neuro for Noosa charity challenge.
His feat of running the equivalent of 10 marathons and cycling 1200 kilometres in 30 days raised funds for Neuroblastoma Australia.
He’d taken inspiration from a family friend’s son who was diagnosed with neuroblastoma.
A psychologist reported Robertson had persistent depression for several years.
His dependent personality disorder also caused him to “over-commit” himself – he was exhausted at the time from a full-length Melbourne Marathon two days before the crash, the psychologist reported.
His fixation on charity fundraising also caused him to prioritise his Instagram and marathon app use over safe driving behaviour, it was reported.
Judge Meredith found Robertson of good character, who was genuine in his remorse and in his desire to educate others about the dangers of using a phone while driving.
He was unlikely to reoffend, the judge found.
Robertson’s lawyer submitted for a “merciful” sentence of a community correction order with considerable unpaid work.
But Judge Meredith said jail was the only appropriate sentence.
Robertson was jailed for 18 months, with a 12-month non-parole period. He was also disqualified from driving for 18 months.
