Dubbo woman spared conviction after motorbike rider crashed into Hyundai while making a right hand turn

Courtney Bayada fronted Dubbo Local Court this week after a crash that caused a motorbike rider to fracture his wrist and thigh about 7.30pm on March 24 last year.

The 26-year-old was driving her blue Hyundai Tuscon on Victoria Street, when she went to turn right onto Depot Road and was behind another vehicle.

At the same time a motorbike rider pulled out of North Street and began driving up Victoria Street.

As the vehicle in front slowed down while turning, Bayada's vehicle was left blocking Victoria Street.

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The motorbike rider - who was riding a Husqvarna dirt bike, wearing dark clothing only had a small headlight which was turned on - accelerated above the signposted 60km/h zone and looked down at his speedo when he saw Bayada's vehicle.

He attempted to brake and swerve to miss her vehicle, but collided with the rear quarter panel of the Hyundai.

As a result the motorbike rider was thrown from his bike and taken to Dubbo hospital, where he suffered from fractures of the wrist and femur. Three months later in June the rider spent a further 10 days in hospital when he underwent an operation where both fractures were treated by metallic fixation.

Officers attended Bayada's home the day after the crash when she told police she didn't see the motorbike and only heard the crash.

Bayada appeared in Dubbo Local Court where she pleaded guilty to negligent driving occasioning actual bodily harm.

Defence lawyer David Hemsworth highlighted the experience demonstrated "how quickly things can go wrong, no matter how careful of a driver you are".

"Clearly she should have waited for this other vehicle to turn into the road, before she continued [to follow it]," Mr Hemsworth said.

"But one might look at one's own experience on the road and times where this is a relatively regular occurrence. It simply led to a problem in this case."

He said Bayada - who was a respite foster carer and medical workforce officer - often worked 10 hour days at the hospital and had a strong need for a licence to travel from her home in West Dubbo to the hospital, which he said would not be impossible, but would cause some difficulties.

The character references tendered to the court spoke to her good character, not just professionally but also in the soccer world.

Mr Hemsworth asked the court to consider to deal with the matter without a conviction, noting a conditional release order would put her on notice for her offending, and reinforce to the public no matter who you are, or your character the court takes these matters seriously.

Despite the strong subjective case and complete lack of criminal record, Magistrate Phillip Stewart said there were two elements of the case that take this from the ordinary matter associated with the charge.

While he accepted Bayada's actions blocking the road caused the crash, he said what stood out was the fact the motorbike rider had been travelling above the signposted speed limit, before looking down at his speedo when the crash occurred.

Mr Stewart was satisfied in the circumstances in such a case the court could depart from the sentencing principles that would require a conviction.

Bayada was handed a two-year conditional release order without conviction.

"This is an unfortunate accident. It could have been much worse ... a motorbike rider has no or little protection," he said.