Man loses appeal over Barellan crash that killed volunteer driver

Barellan man Dennis Maxwell Irvin, 55, has lost appeal against a sentence over a fatal crash that killed a 33-year-old driver near the township of Barellan almost three years ago.

The crown prosecutor argued that on the afternoon of July 14, 2021, Irvin was driving south along Barellan Road in his Iveco truck hauling a King of the Road caravan, which had its retractable driver's side compartment extended.

The crown argued Irvin was heavily intoxicated at the time and swerved some distance off the road.

About 3.50pm, three kilometres south of Barellan, the crown said Irvin tried to regain control, over-correcting his steering and projecting the caravan's extension over the centre line and into the lane of an oncoming Mitsubishi Outlander, killing the driver.

A 92-year-old passenger of the Mitsubishi vehicle survived the collision.

Court documents reveal Irvin left the scene before police arrived.

During a recorded interview with the police on the day of the collision, Irvin claimed he stopped, assessed the damage from the accident and that he saw no debris or damage to the other car.

Irvin further claimed he did not render assistance to the occupants of the other vehicle because he thought that the occupants of the other car "were fine".

He also denied having moved debris off the road.

Evidence tendered to the court revealed however that the Mitsubishi was damaged along the driver's side of the vehicle with the bonnet peeled back and resting flush against the windscreen, completely exposing the engine bay.

The driver's side panel above the wheel arch and driver's side mirror were also missing from the vehicle.

Irvin initially denied consuming any alcohol that day, but eventually told police he had consumed three cans of rum and coke after the collision.

Despite this, Irvin argued his intoxication did not contribute to the man's death, saying it was the other vehicle that crossed the centre line and caused the impact with his vehicle.

On February 15, 2023, in a trial in Albury District Court, after deliberating for almost eight and a half hours, a jury found Irvin guilty of dangerous driving occasioning death while under the influence of intoxicating liquor and guilty of a further count of failing to stop and give assistance.

He was also found guilty of further counts of failing to give particulars to the other driver, altering the concentration of alcohol in his blood before being sampled, driving a motor vehicle while disqualified and driving with a high range PCA.

On March 31, 2023, the trial judge sentenced Irvin over the incident to three years and nine months imprisonment, backdated to begin on August 1, 2021.

During sentencing, a further charge of negligent driving occasioning death was withdrawn and dismissed.

Irvin was given a non-parole period of two years and six months, which expired on January 31, 2024 after which he was released on parole. His parole will expire on April 30, 2025.

Despite this, Irvin appealed his conviction of dangerous driving - arguing it was not relevant in the crash because the other driver veered into his lane, causing the accident - in the NSW Supreme Court.

However, footage tendered to the court by a witness and shown to the jury during the trial showed the vehicle - which a witness described as belonging to Irvin - towing a "white and black campervan and caravan" with the side compartment extended.

After granting Irvin leave to hear his appeal, which was heard on April 10, the three presiding judges rejected the matter in a ruling on Monday.

They found Irvin was driving under the influence of alcohol at the time and his erratic manner of driving caused a protruding extension of a caravan he was towing to collide with the Mitsubishi - killing the driver.

The appeal was dismissed.