A drunk and disqualified driver who critically injured a woman as she was putting out her wheelie bin has been jailed for two years.
Key points:
- Elliot McVicar has been jailed for two years over a car crash at Sheidow Park in March
- He will also be disqualified for driving for 12 years upon release
- Sian Kennedy suffered multiple injuries when McVicar crashed into her while she was putting out rubbish bins
Sian Kennedy, 29, suffered injuries — including two broken legs, three broken ribs and major head trauma — when 25-year-old Elliot McVicar crashed into her outside her family’s Sheidow Park home in March this year.
McVicar pleaded guilty to causing harm and serious harm by dangerous driving and driving disqualified a month later.
Judge Karen Thomas said McVicar’s decision to drive that day while intoxicated and disqualified was “foolish and irresponsible”.
She said while he was not speeding, he was driving too quick for the road conditions and should have slowed down instead of driving onto the wrong side of the road towards an oncoming car.
Judge Thomas said if it were not for the quick-thinking actions of the other driver, there could have been many fatalities.
“You had no good reason to drive to pick up the pizza you ordered,” she said.
“Your explanation that you could not afford the pizza delivery fee does not mitigate or even explain your offending, given your regular expenditure on alcohol and drugs will exceed the delivery fee.
“Whilst I accept your disqualification did not contribute to the dangerous manner of your driving, your intoxication clearly did by impacting your judgement and reaction time.”
Judge Thomas said McVicar’s offending — who had prior convictions for driving while under the influence of drugs in 2017 and 2019 — was too serious to suspend his sentence or allow him to serve it on home detention.
But Judge Thomas accepted McVicar’s remorse and “genuine regret” as she sentenced him to three years and nine months in jail with a non-parole period of two years and one month.
McVicar’s sentence has been backdated to March this year when he was taken into custody.
He will also be disqualified from driving for 12 years upon release.
“This case is a tragic example of the devastating consequences of a serious harm that can result from dangerous driving,” Judge Thomas said.
“Your written acknowledgement that whatever punishment I impose would never equal the hurt … demonstrates your sincerity in this regard.”
Ms Kennedy previously told the court she could no longer walk far or stand for long periods of time.
“The impact this has had on my life is huge,” she said in a victim impact statement.
“Not only was my mental health affected, so was my job, which made it hard to pay rent.
“When I go out in public, I get lots of stares as there are some scars on my forehead and skull.”