Darren Rodney Stevens faces Lismore District sentence for dangerous driving

A man has detailed his distress after a head-on crash, caused by a man who had been using heroin the day before, changed his life.

Darren Rodney Stevens leaves Lismore District Court on Friday.

A former Lismore man has narrowly avoided jail after a dangerous driving incident which left his victim in a wheelchair.

Darren Rodney Stevens was sentenced in Lismore District Court on Friday for one count of dangerous driving occasioning grievous bodily harm.

A further charge of possessing a prohibited drug was accepted while charges of negligent driving and driving under the influence were withdrawn.

Judge Warwick Hunt said the event took place on March 4, 2019, in Rock Valley.

According to agreed facts, Judge Hunt said Stevens was driving north in a Toyota Camry on a rural road about 8.55am when the driver of a Mercedes Benz coming in the opposite direction noticed Stevens cross over the middle line about 80-100m from him.

Stevens then merged back into his lane before crossing a dip in which he “overcorrected” and drove towards the Mercedes Benz.

Judge Hunt said the driver took evasive action but it resulted in a head on collision.

The Mercedes Benz spun into a tree and spun again.

Unable to open his door, the victim crawled through the driver’s window.

He then felt soreness in his foot and looked to see the brake pedal had gone through his heel bone.

He was taken to Lismore Base Hospital.

Judge Hunt said paramedics who attended the scene said Stevens had pinpoint pupils, was sweating profusely and had fresh track marks in both arms.

A number of uncapped syringes were strewn around the car according to their observations.

They also saw him remove an item from his jacket and place it under his seat before being placed onto a stretcher.

It was later found by police to be 0.1g of heroin.

At the time, Stevens told police the sun had affected his eyesight but a police assessment of meteorological data asserted that was “impossible” said Judge Hunt and Stevens and solicitor Rod Behan did not press the point.

Judge Hunt said Stevens admitted he had been using about $100 of heroin the day before between friends.

A blood test revealed low levels of various substances including morphine and THC which police deemed would have “impaired” his driving, Judge Hunt said.

Prosecutors were not able to prove beyond reasonable doubt Stevens was using on the day of the crash.

As a result of the crash, the victim suffered severe disfigurement of his foot, spent two months in hospital and now relied on a wheelchair to work, the court heard.

“Since the collision, he’s had seven operations to rectify the right foot,” he said.

Judge Hunt said judgment was dependant on balancing the level of moral culpability Stevens had.

He accepted there were “far more calamitous” injuries sustained under a grievous bodily harm charge but the dangerous driving was more serious.

“I accept while the offender may not have been able to anticipate such significant injuries … the driving here is clearly not momentary inattention,” he said.

He added Stevens had a long history of addiction and that the offending took place in a relapse following a relationship break up.

Furthermore, he acknowledged Stevens as a “vulnerable middle aged man” who should not mix with inmates who could be less committed to keeping sober.

“Mr Stevens had a long running problem with drugs and lapsed because of a significant change in his life which has now improved itself,” he said.

He said Stevens would serve his jail term as an intensive corrections order with a community service element of 400 hours and complete abstinence from drugs.

“I think you know I’ve given you a big chance today,” Judge Hunt told Stevens.

He convicted Stevens on both charges and sentenced him to an intensive corrections order of 23 months and two weeks.

He was further disqualified from driving for three years.

For the possess prohibited drug charge, he was convicted and not further punished.