A drug-addled driver who critically injured a fast-moving, overtaking motorcyclist at a Noble Park North intersection has been sentenced.
Peter Murray, 42, pleaded guilty after a sentence indication at the Victorian County Court to charges of dangerous driving causing serious injury as well as drug driving.
He was about to turn right in his Triton ute from Jacksons Road to access the Monash Freeway on-ramp about 5.15pm on Wednesday 13 May 2020.
Before turning, the stationary Murray spotted a north-bound rider overtaking a station wagon on the opposite side of the road.
Murray later told police that he was aware the bike “was coming quick” but thought he had enough time to turn.
On 24 June, sentencing judge Pardeep Tiwana noted the motorcyclist had “powered up” to an estimated 94 to 140 km/h, well above the 70 km/h speed limit.
The motorbike struck the rear side panel of the ute, with no evidence of brake or scuff marks on the road from either vehicle.
The ejected rider hit the ute’s rear tub cover and landed 13 metres beyond on the road.
Suffering severe head injuries, he lay unconscious and was transported to The Alfred hospital in a life-threatening condition.
His “devastating” brain injury with “multiple bleeds” was “enormously substantial”, “permanent” and the “most severe grade of damage”, Judge Tiwana said.
He has since retired from work and requires round the clock care. His family were in “lifelong agony” and “turmoil”.
“As this case sadly demonstrates, impatience and errors in judgement on our roads, no matter how slight, can lead to unspeakable devastation,” the judge said.
In a state of shock, Murray stopped at the crash scene and waited for police and ambulance services.
A blood sample revealed between 0.238 and 0.442 milligrams of methylamphetamine in his system. Although Murray believed he’d taken cocaine.
A forensic expert said Murray’s intoxication “rendered him unable to maintain proper control of his motor vehicle”. But it wasn’t possible to quantify the lack of control.
Prosecutors conceded the motorcyclist’s speed contributed to the crash, but Murray’s driving was a significant and substantial factor.
The New-Zealand citizen had been living in Australia since 2004. Due to bail conditions, he’d been unable to attend a friend and family’s funerals in his homeland for the past four years.
Since the crash, he’d driven without incident and given up cocaine and other illicit drugs. His prior suspended-driving charge was more than a decade ago.
Judge Tiwana noted Murray’s deep remorse and “very good” rehabilitation prospects.
Murray, who faced possible deportation if imprisoned, accepted a sentence indication of a community corrections order.
His 18-month CCO includes 250 hours of unpaid work, drug testing and treatment as well as supervision.
He was convicted and disqualified from driving for 18 months.
