A judge has said the victim of a speeding driver "contributed significantly" to his own death.
Judge Alice Robinson told a court Dominique Hechanova - who died after being struck while crossing a road - had been wearing dark clothing with no high visibility and listening to headphones at the time.
Meanwhile, Lukasz Chochowski was driving his Peugeot 3008 when he crashed into and killed the 39-year-old cyclist as he crossed the B1108 at Watton, Norwich Crown Court heard.
Mr Hechanova, a Filipino butcher, who lived in Merton Road in the town, died as a result of a base of skull fracture.
The court also heard Chochowski, 31, has a "poor record" for speeding with three previous offences - two of which involve driving at excess speed in a 30mph zone - between 2020 and 2021.
Stephen Donnelly, prosecuting, said Chochowski had been "driving too fast" and with "insufficient care and attention" when he hit the cyclist at about 5.30am on March 1 2023.
The prosecutor said the victim, who had been on his way to work, was about a foot away from the kerb when the crash happened.
One witness thought the car was being driven "quickly" and heard a "bang" as the victim was hit.
Collision experts concluded the car was being driven between 38mph and 42mph in a 30mph zone at the time of the crash.
Mr Donnelly said experts were of the opinion that had Chochowski's speed been 30mph "the collision would likely have been avoided".
But it was accepted the victim had "contributed significantly to his death" in that he was wearing dark clothing with no high visibility garments, had no helmet on and was listening to headphones at the time of the crash.
Mr Donnelly also said the victim's "focus" at the time he crossed had been on a motorbike and he "does not appear to have looked left towards the defendant's car".
Chochowski, of Station Road, Swaffham, appeared at court for sentencing on Thursday (April 23) having admitted causing death by careless driving.
The Polish national had initially denied the offence and was due to stand trial but changed his plea in February.
Before he was sentenced the court heard statements from the victim's children, both of whom still live in the Philippines.
His son said losing his father had been "hugely difficult" for him, describing his dad as his "role model" and someone he "idolised". He added that his loss "feels so unfair".
The victim's daughter said all she has done is "cry" since his death, adding that she grew up a "daddy's girl" and had always been "looking up to him". She said she was "amazed" at how "caring" and "kind" he was.
Chochowski, who has a "history of speeding", was told by Judge Robinson: "You were driving your car too fast."
She said Mr Hechanova was a "much-loved father" whose family had felt "profound grief" since his death.
Judge Robinson said the case was so serious only a custodial sentence could be passed, but giving him credit for his plea insisted it could be suspended.
Passing a 10-month prison sentence, suspended for two years, Judge Robinson also accepted Mr Hechanova had "contributed significantly to his death" .
She also said it had been a "wake up call" for the defendant with the consequences of what happened having "weighed heavily on your conscience".
Andrew Oliver, mitigating, said the defendant, who had pleaded guilty, "stopped his vehicle immediately" after the crash, had "contacted emergency services" and "made efforts to assist".
He said the incident had "impacted him" with the events of that day having "weighed upon him".
Chochowski was disqualified from driving for 12 months, must carry out 120 hours unpaid work and do 10 Rehabilitation Activity Requirement (RAR) days.
He has also been ordered to pay £3,000 towards costs.
Share