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Driver who fatally hit cyclist while watching YouTube on his phone handed two-and-a-half year sentence

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A New South Wales man who struck a cyclist while watching a YouTube video on his phone has been sentenced to two-and-a-half years' jail.

Damon James Turnbull-Fielding, from the Central Coast suburb of Wyoming, entered a guilty plea to driving in a dangerous manner occasioning death in November last year.

He has been in custody since that time.

Gosford District Court heard the 33-year-old was watching a YouTube instructional video on how to play a video game while driving along Empire Bay Drive in September 2021.

A 'complete disregard'

Judge Tanya Bright said during sentencing today that Turnbull-Fielding was distracted when he collided with 68-year-old Steve Jelfs after failing to negotiate a right-hand bend.

"The facts clearly disclose very serious criminality and, by watching a video, it demonstrated a complete disregard for all other road users," she said.

"His driving was properly described as grossly irresponsible.

"It is an example of the catastrophic consequences of driving while using a mobile phone."

The court was told Mr Jelfs suffered "catastrophic and fatal head injuries" and died at the scene.

Steve Jelfs (left) died after being hit by Turnbull-Fielding's vehicle while cycling in 2021.(Supplied: Facebook)

His wife Leanne Jelks said in a victim impact statement that the death of her husband of 41 years had affected every part of her life.

"No words can express the impact of losing such a good friend and good father," she said.

"We are overwhelmed by the loss and will forever be heartbroken."

Judge Bright said Mr Jelfs was a much loved member of his community and a lifetime member of various sports and social clubs.

Driver watching YouTube

A witness had earlier told the court Turnbull-Fielding had a mobile phone in his hand straight after hitting Mr Jelfs.

"His car went over the fog line and collided with the cyclist. He didn't negotiate the bend at all. The offender was holding a mobile phone in his hand," the witness said.

Judge Bright said testing of the phone showed it was being used at the time of impact.

She said Turnbull-Fielding had been convicted of driving while using a mobile phone once before in 2020.

Damon James Turnbull-Fielding was driving along Empire Bay Drive at Kincumber when the collision occurred.(Supplied: Facebook)

She said on this more recent occasion, his offending was far more serious.

"He accepts in the agreed facts that he was looking at a video on his phone, after originally saying he was listening to a podcast," Judge Bright said.

"He said he'd only looked down once. I find it extremely difficult to accept he only looked down once.

The judge told the court the instructional video had been playing for just under eight minutes.

"It is of some concern that he refers to offending as a genuine accident," Judge Bright said.

"His conduct was criminal and must be accepted by him to be fully remorseful."

Judge Bright set the non-parole period at 18 months, meaning Turnbull-Fielding will be eligible for parole in May next year.

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