Canberra woman avoids jail over fatal crash while unable to properly see road

Canberra woman avoids jail for fatally striking motorcyclist after driving while unable to properly see road Mon 27 Jul 2026 at 6:33pm , updatedMon 27 Jul 2026 at 6:39pm In short: A Canberra woman who fatally struck a motorcyclist after driving while unable to properly see the road has been spared time in jail. A jury found Julie Elizabeth Fallon guilty of culpable driving causing the death of Simon Smith while he was riding his motorcycle to work in May 2024. What's next? Fallon will serve a three-year Intensive Corrections Order in the community and has been disqualified from driving for at least 12 months. A Canberra woman who fatally struck a motorcyclist after driving into oncoming traffic has avoided jail, with a judge finding imprisonment would "pile trauma upon trauma" for her family. Earlier this year an ACT Supreme Court jury found Julie Elizabeth Fallon guilty of culpable driving causing the death of 55-year-old Simon Smith in May 2024. The 54-year-old sobbed as Chief Justice Lucy McCallum sentenced her to three years' imprisonment, to be served in the community under an Intensive Corrections Order. Fallon was driving a red Mitsubishi Outlander when she veered across double white lines into oncoming traffic, hitting Mr Smith as he was riding to work on Athllon Drive. Dash-cam footage played to the court captured her swerving in front of another car before hitting Mr Smith's motorbike. He died in hospital two days later. Visibility impaired for 25 seconds A key issue during the trial was whether fog and morning sunlight impaired Fallon's vision, and whether she had looked away from the road moments before the crash. In delivering her sentence, Chief Justice McCallum found a combination of fog on the inside of the windscreen and early morning sun shining directly into Fallon's eyes meant she was unable to properly see the road for a brief period of time. Justice McCallum found Fallon's vision was impaired for about 25 seconds, while she travelled about 240 metres before failing to negotiate a bend. She also found Fallon had then turned her head to the left "for a reason unknown", saying she had "compounded the danger of continuing to drive". "The importance of a driver always keeping their eyes on the road ahead while moving forward is obvious,"Chief Justice McCallum said. While she accepted Fallon had not knowingly or deliberately taken the risk, she found her manner of driving "involved a substantial risk of catastrophic outcome". Chief Justice McCallum said Fallon had become "unduly preoccupied" while driving, and had "wholly failed to heed or comprehend the risk" by continuing to drive with limited visibility. "Every time we get behind the wheel of a car we're in charge of a lethal weapon," she said. Sentence to be served in the community During the sentencing hearing, Fallon was removed from the courtroom after becoming distressed during victim impact statements. She watched the remainder of the proceedings via audio-visual link, where she was seen rocking back and forth and turning away. Chief Justice McCallum said it was regrettable Fallon had not heard the "gracious sentiments" expressed by some of Mr Smith's loved ones, but found her presentation was consistent with symptoms of post-traumatic stress disorder rather than a lack of remorse. The chief justice said the victim impact statements had raised broader issues she wanted to acknowledge, including the distress experienced by members of Mr Smith's chosen family. She noted the distress they experienced while navigating the health system after the crash, and the pain caused by Fallon's decision to plead not guilty. 'A truly kind, decent and honourable man' In handing down the sentence, Chief Justice McCallum said she hoped it would not be perceived as "a failure to recognise the value of the life taken from Mr Simon Smith". She described him as "by all accounts a truly kind, decent and honourable man who meant everything to his close friends". Chief Justice McCallum found imprisoning Fallon would "pile trauma upon trauma" for her family, without better protecting the community. As part of the Intensive Corrections Order, Fallon was also ordered to complete 300 hours of community service, abstain from consuming alcohol, and has been disqualified from driving for at least 12 months.