Alex Edward Burke avoids jail after leaving Dunoon man Paul Shipway paralysed from horror crash

A North Coast drunk driver who performed an illegal U-turn from the wrong side of the road to crash into a Dunoon man rendering him wheelchair bound has learned his fate in a North Coast Court. Here is what happened.

Alex Burke (inset) was sentenced in Lismore District Court on Thursday after he performed an illegal U-turn while under the influence and struck Dunoon man Paul Shipway from his motorcycle.

A tipsey North Coast driver who crashed into a Dunoon motorcyclist that has left him wheelchair bound has appeared before a North Coast court to learn his fate.

Alex Edward Burke, 28 had parked his Subaru Forester facing the wrong way, on the wrong side of the road when he allowed two cars to pass before pulling out and colliding with a Kawasaki motorcycle on James St, Dunoon, on November 3, 2022.

Alex Burke has avoided jail after injuring fellow Dunoon man Paul Shipway in 2022. Picture: Savannah Pocock.

Burke was supported by his mother and flanked by the victim, Paul Shipway, his sister, and family when he fronted up to Lismore District Court before Judge Jonathan Priestley on Thursday.

Mr Shipway sat in the gallery in a power-assisted wheelchair, clean shaven, while his sister, Angela Catallo read aloud his victim impact statement.

Dunoon man Paul Shipway is now wheelchair bound after a drunk driver crashed into him in Dunoon village Thursday, 3 November 2022. Picture: supplied

Ms Catallo said her brother has lost his power to be autonomous.

Shipway sustained numerous spinal fractures, and had a prosthetic put in place of his spine. broken ribs, and a fractured cheekbone.

He has no movement on the right side of his body and little movement on the left, the court heard.

Previously a very fit and active man he must now rely on the help of others, including one of his son’s who is a back-up carer.

The court heard Shipway is now permanently fatigued – physically and cognitively and in constant pain.

“I feel I’ve lost my identity where in the past I had power to live anyway I wanted but now am at the behest of others,” Ms Catallo read.

The court heard the crash ended his relationship and has ruined plans of living off the land in Dunoon.

Dunoon man Paul Shipway is trying to remain positive after becoming paralysed from a crash on November 3, 2022. Picture: supplied

“We had just bought 76 acres of land but now I can’t even open a jar and must pay someone else to do that.”

Shipway’s statement read how devastating it is he can no longer do things together with his family he used to.

“I feel isolated, I have no income and will have to leave my beloved home.

“I try to accept there are things I cannot do and am trying to be positive about my future,” Ms Catallo read.

Defence for Burke said it was “poor visibility” at the time of the crash and Burke simply “didn’t see” the motorcyclist.

“He remained at the scene and provided assistance,” defence lawyers said.

The court heard the offender was “psychologically traumatised” from the crash and had written a letter to the Shipway family expressing his remorse.

Dunoon man Paul Shipway, who is now wheelchair bound after a drunk driver crashed into him in Dunoon village Thursday, 3 November 2022. Picture: supplied

The Crown said Burke “consciously decided” to park on the wrong side of the road facing the wrong way.

Burke’s “highly dangerous” and illegal U-turn facing the wrong direction made it difficult for other motorists to take evasive action.

The Crown said Burke admitted to parking in the same spot and performing the illegal manoeuvre numerous times.

She said he was elevating his own convenience above the safety of others and it was selfish and dangerous.

Alex Burke has avoided jail after a crash left Dunoon man Paul Shipway wheelchair bound. Picture: Savannah Pocock.

Judge Priestley said it is now impossible for Shipway to have a life with his family.

“He (Burke) simply hasn’t looked and pulled out in front of the bike leaving Shipway nowhere to go but to be thrown from his bike.

“This is a tragic example how taking a short cut can have serious impacts on others in our community," Judge Priestley said.

Burke was convicted of dangerous driving occasioning grievous bodily harm – drive manner dangerous and sentenced to an 18 month intensive correction in the community (ICO) order.

For the charge of possess prohibited drug - for having six grams of cannabis on him at the time of the crash, Burke must abstain from drugs and report to Lismore Office of Community Corrections by April 11.

Burke was further disqualified from driving/riding until November 2, 2025.

He was convicted for drive with low range PCA yet no penalty was imposed.

Charges of negligent driving occasions grievous bodily harm, and make U-turn without giving way to vehicle/pedestrian were withdrawn.