Nathan Bernhard was sentenced for the negligent driving deaths of two men in 2023. Photo: Zoe Cartwright.
A 27-year-old man who ran over and killed his two best mates has been sentenced by Judge William Fitzsimmons in Wollongong District Court.
Nathan Bernhard pled guilty to two counts of negligent driving occasioning death and one count of mid-range drink-driving over the 2023 incident that took place in North Nowra.
The offender and his two victims, Stephen Lippis, aged 41, and Bobby Kelsall, aged 36, were all friends who had previously worked together.
Bobby was visiting the Lippis family, and the three men had spent the evening drinking together at the Bomaderry Hotel before they went to the Lippis’ home in North Nowra.
Bernhard lived a little more than a kilometre away, and had recently purchased a dual-cab Isuzu D-MAX utility.
At about 5:30 pm Lippis drove Bernhard home. Forty-five minutes later Bernhard returned to the Lippis house in his ute to pick up food he had left there.
He left to return home about 6:41 pm.
CCTV shows Bernhard and the two victims walking out the front together.
Each of the victims wore a dark woollen jumper, dark pants, matching light-coloured baseball caps and tan work boots.
The footage also shows Bernhard failed to turn on his low-beam headlights when he got into the ute; only his LED daytime running lights were turned on.
Bernhard pulled out onto Condie Crescent, driving north towards the cul-de-sac end of the street before completing a three-point turn.
CCTV from another home showed the two victims lying on the bitumen road about one metre apart directly in the path of the oncoming vehicle.
They both laid face up with their heads towards the centre of the road and their feet towards the gutter with arms and legs splayed out.
The offender drove back down Condie Crescent near the centre of the road to avoid a large water cart parked on the left side of the street, travelling at about 54 km/h in a 50 km/h zone.
He failed to see either victim lying on the roadway and drove over the two men.
Bernhard immediately applied his brakes, reversed to the side of the road and got out.
He was heard to say, “Oh no, I didn’t see them” and “I’m so sorry”.
Attempts to resuscitate the men were unsuccessful and both were declared dead at the scene.
The court heard Bernhard likely had a blood alcohol level of about 0.08, putting him in the mid-range for drink-driving.
There were no adverse conditions with the roadway or weather.
Judge Fitzsimmons found Bernhard was significantly impaired by alcohol at the time.
“The offender’s failure to activate his low-beam headlights prevented any real illumination of the road ahead, thereby seriously impeding his ability to see any potential hazards on the road,” he said.
“This was further aggravated by the offender’s failure to be watching the road ahead, instead choosing to look to his left where he expected his friends to be.
“Whilst I accept the length of the journey was relatively short, there were multiple failings by the offender in the management of his vehicle which I find constituted a very significant abandonment of his responsibility as the driver of a vehicle on a public road.”
Judge Fitzimmons said Bernhard was negligent in four respects – his speed, his failure to activate his low-beam headlights, failure to keep a proper lookout and alcohol impairment.
Bernhard also had a history of drink-driving.
In 2017 he was convicted of driving with a high-range blood alcohol level, and his licence was disqualified. On two occasions he was caught driving during the disqualification period.
Stephen Lippis’ family told the court his loss had a profound impact.
The oldest of four boys, Stephen acted as a father figure to his brothers and the man of the family, his mum Patricia Dixon said.
He had a close and supportive relationship with his three siblings, and his brother Andrew described him as “the glue to the family”.
He was devastated that his own children were denied the opportunity to share their life with their uncle.
The court heard Bernhard had expressed remorse for his actions, and had apologised personally to members of the Lippis family.
A psychologist told the court Bernhard had experienced severe grief, anxiety and post-traumatic stress, as well as ongoing guilt for his actions and their consequences for the Lippis and Kelsall families.
He has engaged in rehabilitation.
Judge Fitzsimmons said in sentencing he took into account Bernhard’s guilty plea, his genuine remorse and ongoing guilt and trauma – but that did not take away from the seriousness of his offending.
“He was the cause of the deaths of his two closest friends,” Judge Fitzsimmons said.
“He is a devoted and caring father … generally well-respected by his family, friends and work colleagues [and has] genuine remorse for what occurred on this tragic night.
“It is an indictment on our society that the courts continue to deal with significant numbers of people who choose to drive a motor vehicle following the consumption of alcohol.
“The sentence imposed must send a clear message … that offending involving negligent driving of a motor vehicle resulting in the death of others will have serious consequences.”
Bernhard was sentenced to 20 months’ imprisonment from 13 March 2026, to be served in the community by an intensive corrections order.
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