Scotney John Duncomb, 37, of King Street, Warrnambool, had pleaded not guilty in the Warrnambool County Court to culpable driving and dangerous driving causing the death of Mortlake man Ellis Arnott, 80.

After closing statements and Judge Mark Taft’s address, the jury of seven women and five men retired late yesterday morning to consider their verdicts.

They were back at 12.45pm with the guilty decision.

Judge Taft will now hear a sentencing plea in Melbourne County Court on February 27, with a sentence likely to be handed down in March.

In closing addresses yesterday, Crown prosecutor Justin Lewis told the jury that experts had given evidence of the impairment effects of amphetamine and methamphetamine.

Mr Justin said they both told the court Duncomb’s blood test after the crash revealed high readings for the drugs ice (.55) and speed (.28).

Mr Lewis said when Duncomb made the initial  call to triple-0 he was clearly distressed and agitated.

He said that due to the high level of drugs in his system, Duncomb was not in a position to have proper control of his vehicle.

The prosecutor said “so what?” if Duncomb had driven for some distance before the collision and had avoided a herd of cows.

He said a drunk driver may not hit the first obstacle he came across, and could even get to their destination, but the driver would still be impaired.

Mr Lewis said Duncomb’s ice reading was so high it was above the impairment ceiling of .53 — the level at which the effects could get no worse.

He said Duncomb was driving along a straight stretch of road in broad daylight on July 10, 2013, when he crossed on to the wrong side of the road and struck the oncoming van head-on. Mr Arnott died at the scene.

“He did not have proper control due to the drugs in his system. That is gross negligence,” Mr Lewis said. 

“He never saw the van in the first place. How on earth could that happen?

“This is not a momentary lapse. On any realistic assessment the van was in view for a considerable time.”

Defence barrister Vince Peters said Duncomb had been involved in a momentary lapse of concentration.

He agreed his client did have ice in his system but he just lost concentration and that happened to all drivers — in this instance just at the wrong time.

The barrister said items moved on Duncomb’s passenger seat just before the crash and that caused a distraction.

Mr Peters said everyone had heard bad stories about ice but Mr Duncomb was not ranting and raving like an idiot.

He said his client’s guard had been down because he was not in the middle of Liebig Street but Racecourse Road, where at any time of the day or night you may not see another car.