A JURY has cleared the driver involved in the crash that killed an 18-year-old man and injured three others.
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Joanne Lee Sly was found not guilty in Tamworth District Court of two counts of dangerous driving occasioning grievous bodily harm (GBH) and one count of dangerous driving occasioning death. Sly had previously pleaded guilty to negligent driving occasioning death and GBH, but denied the dangerous driving charges.
The crash took place between 6:45 and 6:50pm on April 2 last year, near Boggabri, on the Kamilaroi Highway.
The 48-year-old was behind the wheel of a southbound red Toyota Camry when it collided with an oncoming Honda Civic.
Sly had no criminal history and in 33 years as a driver had only ever received an infringement in 1986 and a fine of $70, public defender Stuart Bouveng told the jury.
"Ms Sly was confronted with a road that she didn't know well at night time, with no street lights, no permanent line markings and no 80-kilometre-per-hour street marking," he said.
"Use your own experience ladies and gentleman, of what you've observed when you've driven through roadworks.
"This error that she's made in the circumstances this occurred, of continuing straight and not turning around the bend is not a serious breach of the proper management and control of the vehicle.
"Accordingly you would acquit her, or find her not guilty of the charges."
The Crown argued Sly had driven dangerously given she failed to see the headlights of the car travelling in the opposite direction.
There was no evidence Sly had attempted to brake or steer around the bend, the court heard, because she believed she was still on the right side of the road.
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There was no evidence she was fatigued, speeding, or on the phone at the time of the collision.
Property owners with a driveway on the road gave evidence that there were blind spots.
Sly will be sentenced in February next year at Parramatta District Court.