A driver’s “momentary inattention” on Frankston-Dandenong Road has taken a devastating life-long toll on another motorist, a Victorian County Court judge has said.
John Henry Patrick Wilson, 30, of Berwick, was spared jail for his dangerous driving at the Jayco Drive intersection in Dandenong South on 16 July, 2018.
The billboard installer was driving a Nissan Navara work ute when the car in front of him slowed for amber lights, Judge Frances Dalziel said in sentencing on 7 July.
Keen for pole position at the lights, Wilson checked his mirrors, indicated and steered over solid white lines into the right-hand lane.
But Wilson had failed to turn his head, not noticing a white Commodore in his right-hand ‘blind spot’.
The Commodore driver swerved to avoid the ute.
Despite braking hard, her car ploughed under the rear of a truck with such force that the truck jolted forward.
Unconscious and in a coma, the victim was given first-aid and treatment by bystanders and paramedics at the scene.
She was airlifted in a life-threatening condition to The Alfred hospital.
In the ICU for 14 days, she was treated for severe, traumatic brain injuries, collapsed lungs and facial fractures.
Once independent, employed and a devout church goer, the victim’s life has been profoundly impacted, Judge Dalziel noted.
She endures ongoing treatment such as anti-psychotic medication, occupational and speech therapies.
She has no work, little social life, can no longer drive, and has limited short-term memory. Having lost the senses of taste and smell, she is deprived of “simple pleasures” such as enjoying good food.
Her “truly commendable” mother has sacrificially devoted herself to her daughter’s care, Judge Dalziel said.
At first, Wilson’s passenger concocted a story that Wilson had veered to avoid another car. Wilson adopted the story before later coming clean in a police interview, Judge Dalziel noted.
He told police he was unable to easily turn his head because of an injury.
Wilson a devout Catholic, was said to pray nightly for his victim. He has been treated for “extremely severe” stress, anxiety and depression since the crash.
Judge Dalziel took into account Wilson’s remorse, otherwise good character, early guilty plea and glowing references from his employer and friends.
Wilson kept two rescued pets, donated to the RSPCA and had applied to volunteer at the CFA and SES. He had committed to educate others with the example of his mistake.
“All the evidence indicates that but for this incident you’re a generous, hard-working member of the community who does more than many to contribute to the community … in a positive way,” Judge Dalziel said.
“This case brings home all too clearly how a simple mistake can lead to tragic consequences.”
In sentencing, Judge Dalziel said community correction orders were “not infrequently imposed” in cases of dangerous driving inflicting serious injury.
She noted that the incident lacked the regular “aggravating” factors. Jail terms also carried an extra burden due to Covid-19 prison lockdowns.
Wilson was sentenced to a two-year CCO with 300 hours of community work.
He was disqualified from driving for 18 months.
