The truck, a prime mover with two trailers, was driven by Paulson, who did not stop after the collision.
Paulson later told police she had not seen the cyclist and was oblivious there had been a collision.
Last month, Paulson’s defence appealed her conviction on the grounds there was no evidence that her driving was dangerous in causing the death, and that she should have known she was involved in a collision.
On Friday, the Court of Appeal acquitted the charges of failing to stop after a motor vehicle accident, and failing to render assistance after a motor vehicle accident.
“Although the attack on charge one has failed, we cannot be satisfied that the sentence on charge one was not influenced to at least some degree by the sentences on charges two and three,” the decision read.
“Although the applicant stood to be sentenced separately on each charge, some of the factors, such as inattention and its relationship to culpability and the objective gravity of the offending, were common to each of the charges.”
The Court of Appeal upheld the charge of dangerous driving causing death.
“Once account is taken of the length of the straight road, the time it afforded to observe what was in front of the truck and the good conditions of road and weather, the only reasonable inference is that the applicant failed to pay proper attention to her surrounds for an appreciable time and distance and by doing so operated the truck in a manner that posed a serious risk to other road users, including Mr Batson,” the decision read.
“Her failure resulted in the death of Mr Batson.”
A new sentence of two years, with a non-parole period of 14 months, was imposed – less than the original sentence of two years and five months for that one charge. Paulson has already served 18 months in prison.
She also had her driver’s licence cancellation reduced from four years to two years, starting from the County Court sentence date of March 1, 2023.
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