Ronald John Di Guardo pleads guilty to Andergrove horror hit and run
A driver fled the scene of a hit and run because he ‘envisioned himself in handcuffs’. But his barrister argues it was ‘the offence we could all commit on the way home’.
Police & Courts
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The first question mine worker Ronald John Di Guardo asked police after he ran a pedestrian down and drove off was “how is the man?” – the second question was “am I going to prison?”.
The 57-year-old Mackay man had been driving home along Andergrove Rd after grabbing some Subway when he rounded a “blind corner” at night and struck a man walking along the street.
Mackay Magistrates Court heard Di Guardo “panicked” and drove off, but returned shortly after and when he saw police he “envisioned himself in handcuffs” and drove off again.
Barrister Tony Collins quoted a Supreme Court Justice, “This is the offence we could all commit on the way home.”
Nearby residents rushed to the scene of the horror hit and run after hearing a loud bang just after 8pm on October 9, 2022 and at the time described seeing a man laying on the road and “a lot of blood”.
Prosecutor Leonie Taufa’ao said the victim’s head struck the vehicle’s windscreen before slamming on to the bitumen.
“There was significant injuries to his jaw and head,” Ms Taufa’ao said.
The court heard he underwent at least two surgeries including the insertion and removal of screws necessary for his recovery.
Di Guardo, a scaffolder at the mines, told police as he was travelling around the corner he saw “a large human for a millisecond then heard a thump”.
“He has then fled the scene, had not rendered any assistance,” Ms Taufa’ao said.
The court heard he drove home, but then came back to the scene and spotted police and “he has panicked”.
“He’s envisioned police putting handcuffs on him and him going to jail,” Ms Taufa’ao said.
However Ms Taufa’ao said prosecution determined there was no callous disregard in his conduct, meaning a jail term was not the only available penalty.
“I believe there was just panicked reaction to him hitting that person, he then has voluntarily handed himself into police the next day,” she said.
Di Guardo, who has no criminal history and only three entries on his traffic history, pleaded guilty in January 2023 to reckless driving causing grievous bodily harm and failing to remain at the scene – he was sentenced in March.
Magistrate Bronwyn Hartigan said evidence indicated Di Guardo did not brake, which suggested he did not see the man walking on the road – she considered the fact he fled the scene to be the most serious charge.
“He’s otherwise of impeccable character, he’s made an extreme error in judgment,” Ms Hartigan said.
Mr Collins, instructed by Macrossan and Amiet, said his client had “never been in trouble” before.
“He was terrified, he was terrified at the prospect of going to jail,” Mr Collins said, adding Di Guardo was supported in court by his brother, whom he lived with.
The court heard he had been driving a mate’s vehicle at the time and was on his way home after grabbing some dinner – the charges had likely arisen out of his own admissions to police.
Ms Hartigan accepted Di Guardo panicked on the night.
“While I don’t condone it I can … understand why you might have reacted in that way, you were afraid of going to jail,” Ms Hartigan said.
“Of course that’s no excuse for leaving the scene.”
Ms Hartigan ultimately determined community service was the best option because it was an offence against a member of the public.
Di Guardo was ordered to complete 240 hours of unpaid community service, which is the maximum amount, within 12 months and was disqualified from driving for six months.
A conviction was not recorded.
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