A Canberra man who drank heavily before getting on his motorcycle "with a death wish" prior to crashing and seriously injuring another motorcyclist was jailed for six months.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
David Caine Castles, 51, had pleaded guilty to culpable driving causing grievous bodily harm after he drifted into the path of an oncoming motorcycle on Cotter Road in August 2016.
The victim received life threatening injuries from the crash, including a laceration to his spleen which caused massive internal bleeding requiring surgery. He also suffered a broken collarbone, shoulder and forearm along with extensive bruising and grazes.
In a judgment handed down by Chief Justice Helen Murrell in the ACT Supreme Court last week, it was revealed Castles began drinking one morning after an altercation with his ex-wife.
He decided to ride his new Ducati Diavel motorcycle "to blow off steam" and after the accident it was reported he told a witness he had "gone riding with a death wish" and wanted to die.
As Castles rounded the left hand bend on Cotter Road, just before the Cotter Pumping Station, he drifted over the centre line and into the path of the victim driving in the opposite direction.
The victim, also riding a motorcycle, tried to swerve to avoid Castles but there wasn't enough time, resulting in a head-on collision.
Castles was also seriously injured in the crash, suffering multiple leg and foot fractures. He required the use of a wheelchair for an extended period after the crash and his capacity to walk is still severely limited.
Castles may never regain the ability to walk without a walking stick or other form of aid.
The court heard Castles had a long history of drug and alcohol abuse, consuming up to 30 to 40 standard drinks per day in the past before cutting back to 10 or 12 drinks a day prior to the crash.
Chief Justice Murrell said Castles had displayed a high level of culpability in his actions on the day of the crash.
"[Castles] deliberately rode his motorcycle while heavily intoxicated," the chief justice said.
"There was no excuse for doing so."
"[Castles] 'wanted to die' but apparently gave no consideration to the risk of fatality that he posed to others. By driving from his home at Duffy to the area of the collision, the offender must have put numerous road users at risk."
The chief justice said while Castles was not deliberately driving dangerously at the moment of the crash, the alcohol had rendered him incapable of properly controlling his motorcycle.
Castles' blood alcohol was measured at 0.137, however an expert estimated it was between 0.152 and 0.168 when the collision occurred and that his motor coordination, vigilance and concentration would all have been impaired.
Chief Justice Murrell gave consideration to the fact that Castles' physical impairments due to the crash would make his time in prison more difficult, however she determined a term of imprisonment was the only appropriate sentence.
He will be eligible for release from prison in June next year, with the rest of the 21-month sentence suspended and a good behaviour order in place. He will also be disqualified from holding a drivers licence for three years.
