A Goulburn man who crashed a work vehicle after a drinking session, causing a 'horrific' injury to one of his passengers, has avoided jail.
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Laukau Vaka, 27, plead guilty to one count of dangerous driving occasioning grievous bodily harm and a separate count of taking a vehicle without consent in Goulburn Local Court on Wednesday (June 8).
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At 1:26pm on September 25, 2021, Vaka was driving a work-owned vehicle without permission with three colleagues as passengers on Braidwood Road. The group had been drinking from 12am.
The court heard that about 1km south of Currawang Road, Vaka, who later admitted he fell asleep behind the wheel, caused the van to cross to the wrong side of the road and briefly leave the eastern side of the road altogether.
He then harshly turned to the left, causing the van to roll and slide for a length of 100 metres. During this, the victim's arm was trapped between the vehicle and the unsealed surface of the road.
The victim was airlifted to Canberra Hospital before being relocated to the Royal North Shore Hospital. The court heard that since the incident, the victim has undergone multiple surgeries, including skin and nerve transplants in an attempt to repair the arm.
Vaka's lawyer Sam Rowland revealed to the court that his client had gone out of his way to cooperate with police, voluntarily participating in a recorded interview and admitting that he had been affected by alcohol despite the absence of a breath test at the scene of the crash.
Mr Rowland admitted the charges were serious enough to send his client to jail but asked for a sentence by way of an Intensive Corrections Order [ICO] due to Vaka's assistance to investigators.
"Mr Vaka did not need to participate in a formal record interview but he did," Mr Rowland said.
"He fully cooperated with police and without so, the prosecution would have no evidence regarding the alcohol factor.
"He proactively assisted police. That assistance and his honesty is the basis on which I made the submission [for an ICO]."
Magistrate Geraldine Beattie acknowledged Mr Rowland's submission, as did the prosecution, but expressed doubt over Vaka's awareness of the danger his actions posed to other road users, not solely the victim.
"The charges seem to rely significantly on what you told the police, that you had those glasses of wine," she said.
"As a result of your decision to drive this van [the victim] has suffered what has been described as 'horrific injuries' to the arm.
"I accept you are able to understand the impact this has had on the victim but there's nothing to show you understand the risk you posed to anyone else driving on the road.
"Fortunately this incident only involved your vehicle rather than crashing into one or more others."
Magistrate Beatie sentenced Vaka to a 12-month ICO for the drive dangerous charge in addition to a 12-month disqualification period.
He also received a 12-month Community Corrections Order [CCO] for the taking a vehicle without consent charge.
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