David John Wells convicted of dangerous, drug driving occasioning death

A Casino man who lost his mother in a tragic crash with a garbage truck has learned his fate. See why a Lismore court took the “unusual step” not to jail him.

A Casino man who lost his mother in a tragic crash with a garbage truck has learned his fate at Lismore court.

David John Wells, 25, pleaded guilty to dangerous driving occasioning death while driving under the influence of an illicit drug.

Lismore District Court heard Wells was at the wheel of a Ford Laser which collided with a council garbage truck at the intersection of Old Ballandean and Mount Lindesay Road in Tenterfield at about 5pm on May 21, 2020

Wells – who was on his learner’s permit – failed to give way at the intersection, travelling into the path of the heavy vehicle, which hit the passenger side door.

The Ford rolled and the passenger, his mother, died at the scene.

David John Wells, 25, pleaded guilty to dangerous driving occasioning death while driving under the influence of an illicit drug, appearing before Lismore District Court on Thursday, September 29.

Wells told Ballina police he could not recall the intersection – only the truck’s headlights, the court heard.

Wells had smoked “several cones” that morning, the court heard, and had a “sufficient” quantity of THC to impair his driving as shown by blood tests when he was taken to hospital, the court heard.

Judge Jeffery McLennan told the court Wells had not been driving erratically at the time of the crash, but had failed to look out for oncoming traffic due to his drug impairment.

Justice McLennan said the crash area was a twisting “treacherous road” and that driving while impaired was a particularly dangerous thing to do.

David John Wells, 25, pleaded guilty to dangerous driving occasioning death while driving under the influence of an illicit drug, appearing before Lismore District Court on September 29.

But he found that Wells’ moral culpability was much less than what the objective facts suggested.

The court heard Wells’ parents suffered serious addiction – alcohol and drug abuse.

Wells’ biological father abused cannabis, alcohol and heroin and his mother was being maintained long-term on methadone, the court heard.

The court heard that Wells had been introduced to cannabis when he was as young as eight years of age.

“(He was) smoking 30-40 cones of cannabis a day” Justice McLennan said.

“Unsurprisingly, Wells developed an addiction, what has been an (impressive part) of his life for the nine years leading up to the death of his mother in a motor vehicle.”

The court heard it was unlikely Wells had ever been educated on the risk of using cannabis while driving.

“He didn’t know or think it could impair driving like alcohol, because cannabis use had been normalised by his parents,” Justice McLennan said.

“He had no concept of the wrongs of his behaviour on this particular occasion.”

Justice McLennan also remarked that Wells had suffered from an ice addiction “which he has freed himself with his own effort”.

“If you can do that with the drug ice you can do that with anything,” he said.

A sentencing assessment found Wells had a high chance of reoffending because of his criminal history which includes destruction of property, driving offences in NSW and Qld, dishonesty offences and drug offences.

Although Wells’ criminal history made it impossible to find him of good character he expressed genuine remorse for what happened, Justice McLennan said.

“It changed me as a person – I don’t feel like the old me anymore,” Wells said.

At Lismore District Court on Thursday, September 29, Justice McLennan said he decided to put a heavy influence on rehabilitation instead of punishment, and would rather have Wells’ working for the good of the community than have him languish in a cell.

Wells has now gained full-time employment as a farm labourer, and his partner – in a letter to the court – said she had “pride” in the steps he had taken.

“I don’t think I or any other court officer will see him (in court again),” Justice McLennan said.

He said an offence of this type would normally guarantee the accused jail-time, but considering the circumstance he would take a “somewhat unusual step” and impose an intensive corrections order.

“I hope you appreciate how lucky he his,” Justice McLennan told Wells’ defence solicitor.

Wells was convicted of driving while under influence of drug occasioning death and given a two-year intensive corrections order and ordered to perform 210 hours of community service.

Wells’ is disqualified from driving for two years, is not to commit another offence, not to use drugs, must submit to regular drug tests by Community Corrections and attend psychology appointments as often as required.

“Don’t look back, if you’re going to look back do it with your psychologist,” Justice McLennan said. “There is a lot out there to look forward to.”