A bus driver who hit and killed an Ulladulla teenager has been cleared of a criminal charge of negligent driving causing death.
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Glenn Arthur Crebbin, 63, appeared at Nowra Local Court on Wednesday where a decision was handed down over two driving charges related to the death of the 14-year-old girl, who cannot be named for legal reasons.
On Crebbin's behalf, lawyer Brett Ford had entered a plea of not guilty to negligent driving causing death, and guilty to not stop at a stop line.
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The court heard Crebbin, of Narawallee, was driving a white Volvo bus when it collided with the teen near the corner of St Vincent Street outside Ulladulla High School in July 2020.
In reading the facts to the court, Magistrate Lisa Viney said Crebbin had looked in all directions, including in mirrors, and did not see anyone on the footpath before he proceeded.
He had almost completed a left turn onto South Street in heavy traffic when he heard a "thump" on the left side of the bus.
Crebbin pulled over and told the passengers to remain inside the bus. He saw the teen, who had suffered fatal injuries.
Emergency services were called and despite their efforts, the girl died at the scene.
Magistrate Viney said she had considered all the evidence including specialist expert analysis of CCTV footage, surveys of the roads, and all witness submissions "very carefully".
She explained to the court that a driver may be found to be negligent if they did not drive how a "reasonable, prudent driver would have driven given all the circumstances".
Magistrate Viney accepted evidence which found neither weather nor the light could have contributed to the collision.
The court also heard Crebbin was breath tested at the scene. There was no evidence of alcohol or drugs in his system, or that he was fatigued, and he was only travelling at 8km/hr when the collision occurred.
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There were also no defects found on the bus.
CCTV footage from the front passenger side of the bus that captured the moment of impact was reviewed by experts, who found the teen would not have been visible to Crebbin.
Magistrate Viney accepted evidence that the teen did not look in both directions as she stepped off the curb.
In urging the court to acquit his client, Mr Ford submitted there was heavy traffic at the intersection, that Crebbin looked in all directions and had proceeded at a slow speed.
However, the prosecution submitted that if Crebbin had come to a full stop at the line, the chance of avoiding a collision would have significantly increased.
Magistrate Viney said she was satisfied the evidence established that Crebbin was driving in a reasonable manner in the circumstances and found him not guilty of the negligent driving charge.
She accepted that there was "no causal connection" between Crebbin failing to stop at the line and causing the teen's death.
In relation to the not stop at line charge, Magistrate Viney spared Crebbin a conviction, noting he had a clean driving record and had suffered "significant mental health issues" as a result of the accident and the ensuing court proceedings.
Crebbin was placed on a nine-month conditional release order.
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