Unlicenced drug driver jailed for horror head-on crash at Logan

A childcare worker who had to learn to walk again after a disqualified, ice-affected driver ploughed into her car says penalties need to be tougher for drug drivers.

A disqualified, ice-affected driver who caused a head-on collision which left a woman with life-changing injuries had been convicted 13 times before for driving without a licence, a court has heard.

Logan tradesman Simon Ian Whelan, 38, was on parole when he took cocaine and ice before getting behind the wheel of his uninsured Holden Commodore in October 2019, the Brisbane Supreme Court heard on Friday.

Linda Gladstone, 60, was on her way home from Murrarie after catching up with friends and had just got a coffee from McDonald’s when she saw headlights veer onto the wrong side of Middle Road at Greenbank about 11.30pm.

Whelan crossed to the wrong side of the road while affected by ice and cocaine.

Prosecutor Ron Swannick said that was Ms Gladstone’s “last recollection” before Whelan ploughed into her Mazda 3 sending “debris in all directions”.

He called Triple-0 and Ms Gladstone was rushed to the Princess Alexandra Hospital where she was treated for multiple fractures to her legs, arms and ribs.

Justice Soraya Ryan said despite surgeries and rehabilitation Ms Gladstone has been unable to return to work in childcare or do any of the things she loved to do.

“She can’t walk or dance or do yoga like she used to,” Justice Ryan said.

“She’s still nervous about night driving, she can’t let go of the memory of the accident and doesn’t feel safe.”

The court heard paramedics were forced to sedate Whelan after he became aggressive in the ambulance and punched a cardiac monitor.

A nurse later found 5.2g of methylamphetamine in his pockets while he lay unconscious.

Mr Swannick urged Justice Ryan to disqualify Whelan from driving for the maximum five years.

“He is a menace to the community and in my submission should never be permitted to drive and the court should impose the maximum,” Mr Swannick said.

“He reoffended two months into parole and two months after the collision he committed similar offences.”

The court heard that months after the crash, police caught Whelan riding his Yamaha motorbike at high speeds on Teviot Road at Jimboomba “unlicensed, unregistered, uninsured and again in the presence of drugs”.

Whelan pleaded guilty to multiple offences including dangerous operation of a vehicle causing grievous bodily harm, driving uninsured and unregistered, driving without a licence repeat offender, driving while affected by drugs and possessing dangerous drugs.

During his sentence in the Supreme Court, Whelan apologised for getting behind the wheel that night and said it was not something he was proud of.

“I just want everyone to know that I’m apologetic for what I have done and I’m working on trying to make myself a better person,” Whelan said.

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His barrister Chris Minnery pushed for Whelan to receive a suspended sentence arguing that there was no suggestion of excessive speed and it was not a “deliberate course of reckless driving”.

He said Whelan had worked on his rehabilitation and addressing his longstanding drug addiction.

But Mr Swannick said the focus should be on community protection given the 13 convictions Whelan had accumulated for disqualified driving.

“Suspension is inappropriate in the circumstances,” Mr Swannick said.

“The overarching factor is the protection of the community, not rehabilitation.”

Justice Ryan agreed, disqualifying Whelan from driving for five years and said he was “selfish” for getting in the car that night.

He was sentenced to four years’ jail, to be served on top of a prior sentence.

After time served, he will be eligible for parole in April 2022.

Outside court Ms Gladstone said she believed penalties should be tougher for drug drivers.

“Especially if they are reoffenders with no regard for people in the community,” she said.