Struggle over killer driver's sentence

Lee Raymond Nugent had admitted killing a pedestrian at Lameroo by driving dangerously. Picture: Greg Higgs Source: AdelaideNow

A JUDGE says he is struggling to determine the appropriate punishment for a drunk driver who ran down and killed another man.

Lee Raymond Nugent, 32, of Lameroo, appeared in the District Court this morning.

He has previously pleaded guilty to causing the death of Matthew Deedman, 39, by dangerous driving at Lameroo in June last year.

Nugent's blood-alcohol reading at the time of the incident was 0.217 and he was driving on the wrong side of the road.

Prosecutors claimed the incident - his seventh drink-driving offence - arose following a dispute between Nugent and Deedman.

Defence counsel, however, claimed Mr Deedman was trying to strike their client's car with a shovel at the moment he was hit.

Nugent was due to be sentenced today.

However, Judge Sydney Tilmouth told counsel the case would not proceed as scheduled.

He said he was "struggling" to determine an appropriate penalty, given experts had been unable to determine Nugent's speed at the time.

"You agree Nugent was speeding over the limit, but this is an elusive thing... it could mean 61km/h, it could mean 161km/h," he said.

"I'm finding this issue of speed a bit elusive - quite elusive, actually."

Grant Algie, QC, for Nugent, said his client's speed would never be known.

"The best Your Honour can do, and all that's required, is make a finding that he was travelling over the speed limit but not grossly so," he said.

"This causes the driving to be categorised, as Nugent has acknowledged by his plea, as dangerous."

Judge Tilmouth remanded Nugent on continuing bail for sentencing next month.

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