A speeding Hobart driver was high on methylamphetamine when he crashed into a young single mum and her 2-year-old son three days before Christmas in 2020.
Braedon Males, who was on parole for drug trafficking at the time of the crash on December 22, was found guilty by a jury of causing grievous bodily harm by dangerous driving in the Supreme Court of Tasmania this week.
The court heard how Males was driving too fast on a wet Boyer Road in his mother’s car, going over the 80km/h speed limit when he failed to navigate a left-hand turn correctly and collided with Jackie Williams, who was driving in the opposite direction with her young son in the back seat.
In his passing comments, Justice AJ Porter said Males was found to have 0.16 milligrams per litre of methylamphetamine in his system based on a blood test taken about three hours after the crash, although this would have been somewhat higher at the time of according to an expert toxicologist.
“The concentration of 0.16 is the median figure found by FSST in reported motor vehicle accidents where the drug is found to be involved,” Justice Porter said.
“Given the expert evidence in this respect, the amount ingested at that time must have been very considerable indeed – something in the order of 2.6 milligrams per litre.”
“A blood level of 2.6 milligrams per litre is the highest the FSST expert had seen in a road traffic context in his 11 years of experience.”
Males insisted that he didn’t feel impaired during the Tuesday crash and claimed to have taken the drug on the Saturday night, but Justice Porter suggested that he might have taken a lower amount “much closer to the time of the accident” than he made out.
“Whether or not he took a very large amount on the Saturday night or a smaller amount much closer to the accident, I am satisfied to the requisite degree that given the level, he would have been feeling some of the effects that are detrimental to driving skills,” Justice Porter said.
The crash caused severe injuries to Jackie Williams, including fractures in her left arm, foot, right arm and vertebrae, along with a head injury that required surgery.
In her victim impact statement, Williams described the profound impact on her life, including physical and financial struggles, permanent damage and psychological trauma.
“She was wheelchair bound for a while and had to use alternative suitable accommodation. She required carers to look after her. There was a lengthy and difficult period of rehabilitation,” Justice Porter said.
“She had to give up her employment but has fortunately found alternative work despite the choices being limited to her because of her disabilities.”
“She has struggled financially. It took a considerable period of time to be settled into a more suitable home. There is permanent damage to her foot and she is not able to run or walk properly.”
“She continues to find small bits of glass and debris in her skin. She struggles to sleep and has nightmares ultimately lending to psychiatric and psychological assistance.”
In a sentencing that the judge described as “not free of difficulty,” taking into account Males’ significant injuries and rehabilitation efforts, he sentenced Males to a 20-month suspended prison term and 240 hours of community service.
“This is a serious matter with some unusual considerations. The need for a stern response to cases of dangerous driving causing death or grievously bodily harm is well established,” Justice Porter said.
“The accident and its aftermath caused great harm of a long lasting nature to Ms Williams. The risks of more serious injury or even death were high.”
“That the defendant was driving with methamphetamine in his system when he was on parole for trafficking in that drug should also not be overlooked.”
“I accept that he is generally remorseful to a high degree and has very substantially rehabilitated himself.”
“I also take into account that he has been in custody as a result, one way or another, of this crime for nearly two months, and risks revocation of parole, the consequences of which I have already outlined.”
