A driver is expected to avoid jail over the "tragic and unnecessary" death of an off-duty police officer as he headed home to his pregnant fiancée in Sydney's north-west.
Tommy Balla, 38, was handed a two-year sentence in the NSW District Court today but will be assessed to see if he is suitable for home detention.
Judge Stephen Hanley found the turning signal had been red for two seconds before Balla turned off Windsor Road and entered the intersection with Schofields Road in Rouse Hill on June 18 last year.
The ute struck Aaron Vidal's motorcycle as he entered the intersection on a green light and the off-duty police officer hit the road heavily.
Balla stopped 100 metres down the road and told police he had turned on an amber light because he panicked and thought it was safer to keep going.
The court heard he was on the telephone via Bluetooth at the time.
Mr Vidal's fiancée Jessica Loh told a sentence hearing of how excited he was to learn the sex of their unborn child.
Ms Loh said she found out as she left the funeral home and rushed back inside to tell her partner it was a boy.
"I have a beautiful baby boy and I am very happy to have him in my life," she said.
"But with each exciting milestone, there's a reminder of what's missing."
Mr Vidal's father David, who was also a police officer, said he had a natural instinct to protect others.
"Aaron is my son and my hero; I will miss him with every remaining breath in my body," he said.
Judge Hanley said it was a "misjudgement" but noted it was still unclear why Balla didn't notice the light was red before he turned.
He also found the situation was aggravated by the fact Mr Vidal was lane filtering, so he was at the front of the intersection when his light turned green.
"I accept the offender is sincerely and profoundly remorseful," he said.
