Lismore man Kirran Nazir Shah sentenced after looking at mobile phone while driving, hitting woman with ute’s bullbar
A man who looked at a text on his phone, lost control of his ute and ploughed into a woman standing by her parked car at Lismore has faced court to hear his fate.
Police & Courts
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A driver who looked at a text on his phone, lost control of his ute and ploughed into a woman standing by her parked car at Lismore has avoided jail-time.
East Lismore man Kirran Nazir Shah, 50, faced Magistrate Michael Dakin in Lismore Local Court on Wednesday.
He pleaded guilty to negligent driving occasioning the grievous bodily harm of a 67-year-old woman.
Shah was driving a white Toyota HiLux on Leycester Rd, Lismore and turned into Diadem St about 5.30pm on March 8.
He quickly looked down and touched his phone as he turned, the court was told.
The victim was placing her handbag in her rear seat when Shah’s ute careened onto a grassy area, hitting the woman with its bullbar as she stood up to close a car door.
The woman suffered multiple fractures and underwent surgery, involving rods and pins, police state in court documents.
Defence solicitor Robert Manitta told the court Shah was “very remorseful about what happened and sorry that he caused such pain and suffering to the victim”.
He said Shah was business owner and the sole breadwinner for his family.
“Moral culpability is conceded, yet please balance that with all circumstances,” Mr Manitta said.
“His early plea of guilty is evidence of his remorse.”
Shah’s wife and daughters watched on from the public gallery.
Mr Manitta said Shah visited a psychiatrist and was diagnosed with anxiety.
Mr Manitta asked the court not to “make an example” out of his client.
“He didn’t avoid responsibility. A loss of licence will induce hardship,” he said.
Magistrate Michael Dakin said “negligent driving can cover a multitude of sins”.
“He hit a woman with his bulbar after looking at a text message on his phone,” he said.
“She had serious injuries and fractures to her foot and toes and needed surgeries.”
He said the injuries were serious and caused ongoing issues.
“To look at his mobile phone in these circumstances should be taken into account for the seriousness of this offence,” Mr Dakin said.
“There must be a conviction to realise the harm done, and a licence disqualification is appropriate.”
Shah was sentenced to a 12-month conditional release order and disqualified from holding a drivers licence for a year.