Andrew William Thompson yesterday had his sentence backdated to August 28, 2010 after Judge Andrew Colefax found that special circumstances in the case meant he could set a shorter non-parole period.

Thompson has been in custody since April 30, 2010.

During cross examination, Thompson told the court of his remorse, saying that killing his best friend Nicholas Johnston was something he would never get over.

In a letter written to the court by a cellmate on his behalf (Thompson is illiterate), he took the opportunity to apologise to the Johnston family and said one day he hoped they would forgive him.

He also said he never wanted to drive again.

In an earlier District Court sitting, Thompson pleaded guilty to dangerous driving occasioning the death of Nicholas Johnston on Hen and Chicken Lane in April, 2010.

At the time of the crash, Thompson was on three Section 9 bonds, all stemming from serious traffic offences. He was also a disqualified driver.

Before he could sentence Thompson on the primary matter of disqualified driving occasioning death, Judge Colefax had to sentence Thompson for breaching his existing Section 9 bonds.

On the first matter, driving in a manner dangerous, handed down in Gosford Local Court in October 2008, Thompson was convicted and sentenced to one month imprisonment from April 30, 2010, expiring on May 29, 2010.

On the second charge, exceeding the speed limit by over 30km/h but less than 45km/h, handed down in Bathurst Local Court in October 2009, he was sentenced to three months’ imprisonment from May 29, 2010 to August 28, 2010. On the third matter, drive in a manner dangerous, he was sentenced to three months’ imprisonment from June 29, 2010, expiring in September 2010.

On the primary offence, dangerous driving occasioning death, Judge Colefax said full-time imprisonment was appropriate but took into consideration a request for special circumstances from Thompson’s barrister, Bill Walsh.

“On face value, Thompson’s breach of three past Section 9 bonds may lead the court to conclude the prospect of rehabilitation is poor. I, however, have not come to that view,” he said.

“I have been impressed with the change in Mr Thompson between December and today. He has displayed a level of maturity about him he did not have at an earlier time.

“He has taken serious steps in custody to improve himself and I have come to a conclusion that might not ordinarily be expected.”

On the charge of dangerous driving occasioning death, Thompson was convicted and sentenced to five years’ jail, reduced to three years and five months due to his early plea of guilt.

In regard to the finding of special circumstances, Judge Colefax sentenced Thompson to a non-parole period of two years, three months, back-dated to August 28, 2010, expiring on November 27, 2012. Thompson was also disqualified from driving for a further two years to September 4, 2020.