Jak Fitzsimmons, 29, fails to appeal prison sentence after running down e-bike rider in Ballina, fleeing scene

A Northern Rivers driver who was on a court order when he ploughed into an e-bike rider during a meth and alcohol bender is due to be released from prison by Christmas.

Tintenbar man Jak Fitzsimmons, 29, ploughed into a woman riding an e-bike.

A Northern Rivers driver who was on a community correction order when he ploughed into an e-bike rider during a meth and alcohol bender is due to be released from prison by Christmas.

Tintenbar man Jak Fitzsimmons, 29, was sentenced in September after running down the 35-year-old woman while he was driving on the wrong side of the road at Ballina in July 2023.

Fitzsimmons pleaded guilty to dangerous driving causing grievous bodily harm, failing to stop and assist after vehicle impact causing grievous bodily harm and driving an unregistered HiLux ute.

On Friday, Fitzsimmons sat in the dock in Lismore District Court before Judge Jonathan Priestley, rubbing his face and tapping the back of his head on the wall. He was appealing his sentence handed by Magistrate Jeff Linden.

Catherine Cres, Ballina. Picture: Google Maps

Fitzsimmons was sentenced to one year and three months jail, with a non-parole period of three months. His licence was also disqualified for three years.

The court heard Fitzsimmons had repeatedly breached court orders and he had a history of driving unlicensed.

But defence lawyer Rodney Behan told the court Fitzsimmons had a “limited criminal history” and pleaded guilty at an early stage.

Judge Priestley described Fitzsimmons as “careless and dangerous” and said he had not accepted responsibility.

The victim suffered injuries including a fractured knee and elbow.

The victim – who was riding to visit a friend when she was struck on Catherine Crescent – told police she spotted the bullbar of the HiLux before it hit her and recalled being flung on to the bonnet and falling to the ground.

Fitzsimmons turned the vehicle’s headlights off and fled as the woman screamed in pain. She suffered injuries including a fractured knee and elbow and needed surgery.

It’s expected the victim will suffer ongoing chronic pain, police state in court documents.

Judge Priestley said: “He turned off the lights to avoid detection. It’s really bad behaviour, not to mention the poor person he left on the road.”

Jak Fitzsimmons had his sentence appeal dismissed.

He said Fitzsimmons breached the correction order soon after it was imposed and then breached bail. Judge Priestley asked “how is he going to behave himself?”

Prosecutor Alanna Coxon objected to the appeal and said the sentence was “more than appropriate”.

Ms Coxon told the court Fitzsimmons fled to avoid being breath tested and that he gave different versions of events to police.

He said at one time he was “looking at my phone … then there was a person in front of me”, the court heard.

Fitzsimmons told officers: “She said she was fine and I kept going”.

“She told me to f--k off,” he claimed.

Mr Behan asked Judge Priestley to impose an intensive correction order (ICO) and said his client had a supportive family and would obey court directions. Fitzsimmons’ mother and stepfather watched on from the public gallery.

However, Judge Priestley said Fitzsimmons “needs a shock – cars aren’t toys and he needs to be responsible – I’m not satisfied with an ICO”.

The appeal was dismissed and Fitzsimmons is due to be released on parole on December 20.

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