The sentencing of a man who pleaded guilty to killing a father of two after falling asleep at the wheel has been adjourned.
Jaroslaw Bakula, 35, of Bristol, originally pleaded not guilty to the offence of causing death by dangerous driving, however, during a pre-trial review before the court case in August, changed his plea to guilty.
The sentencing was adjourned due to an issue between the defence and the prosecution in deciding what category the offence fell into.
During the sentencing, Judge Robert Linford told the family of the victim that it was with 'a heavy heart' that he had to adjourn proceedings but felt that the matter could not just be 'rail-roaded' through.
Bakula, of Long Cross in Bristol, was driving a Mercedes Sprinter van at the time of the crash, in which the vehicle hit a Ford Mondeo car which was travelling on the correct side of the road in the opposite direction.
Father-of-two Mr Steven West, aged 62, originally from St Breward, was living in Falmouth at the time of his death.
A previous court hearing before magistrates in Truro heard that Bakula was a Polish national who is currently living and residing in the UK, and had no previous convictions
In a closing statement, Judge Robert Linford told Bakula that: "The situation that has arisen is that there is a difference between the prosecution and your council in relation to a relevant mattr when it comes to sentencing.
"I simply cannot ignore that difference and, therefore, I have to, with the heaviest of hearts, adjourn this sentencing for another date."
Judge Linford also addressed the family and friends of Mr Steven West.
He said: "I say to the family and friends that the court really does extend its condolences for what you have gone through and what you are going through.
"I simply cannot rail-road through a sentencing exercise.
"If I did that another court would quash the sentence that I passed.
"I hope that you have been told that Mr Bakula has written letters to you.
"There's a lot that I have seen that sets out how he feels about the fact that he has robbed you of a dad, husband and friend.
"Hopefully that will be seen by you at some point."
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