A Trangie man who made a "split second" decision which left a motorbike rider with severe and ongoing injuries has been spared a conviction at court.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Alister James McCutcheon, 31, crossed double unbroken lines while trying to enter a business on Douglas Mawson Drive on June 20.
According to police facts, McCutcheon saw the 41-year-old motorbike rider and immediately slammed on the breaks, however the motorbike collided with the drivers side of the ute.
READ ALSO:
Facts revealed the victim was ejected from his motorbike and stopped 15 metres from McCutcheon's ute.
The 31-year-old immediately contacted triple zero and rushed to help, however the motorcyclist sustained a dislocated hip, fractured kneecap and extensive ligament damage.
The victim required two separate surgeries to reconstruct damaged ligaments, and pins and plates had to be put in to secure multiple fractures. Court documents revealed the victim would require ongoing rehabilitation to improve the functionality of the damaged joints.
McCutcheon pleaded guilty to one count of negligent driving causing grievous bodily harm at Dubbo Local Court on Wednesday.
Defence lawyer Jai Silkman told the court McCutcheon owned a mobile mechanic business in Trangie and a conviction with the loss of his licence would be detrimental to other businesses and his family relied who on the service.
"He clearly accepts it was his negligence which has caused the accident," Mr Silkman said.
"It was a miscalculation, a very split second decision.
"It's been an incredibly difficult time with the drought. To go through that and then have no licence for 12 months would be a burden.
Magistrate Malcolm MacPherson said the references tendered in court supported McCutchon's need for a licence.
"It's a serious matter, there's no doubt about that," Magistrate MacPherson said.
"References indicate there's a wide number of other businesses impacted."
McCutcheon was given a two-year conditional release order and recorded no conviction.
"He's only to drive to and from the course of his employment for a period of six months," Magistrate MacPherson said.
"If you're driving in any other circumstances for those six months then it's a breach of your bond ... even going for a smoke or food, you'll end up being convicted and losing your licence."