A Canberra construction worker has been jailed over a horrific crash in which his unrestrained friend suffered spinal fractures after being thrown from the tray of a ute into a water reservoir.
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The victim spent 139 days in hospital and must now live with "permanent and long-lasting consequences", including neurological impairment, spasticity and spasms, according to an ACT Supreme Court judgment published on Friday.
The judgment shows Justice David Mossop recently sentenced the driver, Steven Judge, to 21 months in jail.
Justice Mossop ordered that the balance of the sentence be suspended in November, once Judge has spent five months behind bars.
Judge, 28, was "substantially intoxicated by alcohol" and had MDMA in his system when he crashed en route from Braddon to Gungahlin in December 2019.
He was driving a black Holden Commodore ute down Flemington Road towards Mitchell at the time in question, with one passenger in the seat beside him and the other, who was the owner of the car, lying in the tray.
Judge mounted the median strip and lost control, crossing the light rail tracks and smashing into a power pole.
"The victim was ejected from the tray of the ute as a result of the collision and landed in a nearby water reservoir," Justice Mossop said.
"He sustained life-threatening injuries that included complex traumatic cervical spinal fractures and a spinal cord injury."
Justice Mossop said CCTV footage captured in the lead-up to the crash appeared to show the ute speeding, but this could not be established beyond reasonable doubt.
He said Judge had also been seriously injured in the incident, having broken his pelvis and right leg.
Judge ultimately pleaded guilty to charges of culpable driving causing grievous bodily harm and drug-driving.
Judge's lawyer, James Maher, asked Justice Mossop to impose an intensive correction order, but prosecutor Elizabeth Wren argued a sentence of full-time imprisonment was warranted.
In sentencing earlier this month, Justice Mossop found Judge had expressed remorse for his actions and had not tried to minimise his culpability.
"[Judge's decision to drive] was a consequence of muddled thinking by an intoxicated person," Justice Mossop said.
"It is very clear that he regrets his decision for a variety of reasons."
Justice Mossop said Judge had a full-time job, a long-term relationship and a limited criminal history.
"The community does not need protection from him," he said.
But Justice Mossop said he had reached the "regrettable conclusion" that Judge had to be locked up to deter others from similar offending and recognise the harm done to the victim.
He therefore jailed Judge and directed the man to sign a 16-month good behaviour order upon his release from custody.
Justice Mossop also fined Judge $500 and disqualified him from driving for a year.
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