Wyong Rd: Mitchell James Brennan pleads guilty to head on crash leaving man in wheelchair

A young man has been sent to prison ahead of his sentence after a drunken head on crash on the Central Coast left an elderly man unable to walk. Here’s what happened in court.

Mitchell James Brennan has pleaded guilty to a drunken head on crash in Berkeley Vale that left a man in a wheelchair.

A man who drunkenly drove on the wrong side of the road before crashing into an oncoming car on the Central Coast has left a man in a wheelchair.

Mitchell James Brennan, of Bateau Bay, made a decision to drive from Newcastle to the Central Coast after a drinking session in the early hours of February 3, 2022 before the head on crash on Wyong Rd.

Brennan, 24, appeared at Wyong Local Court on Tuesday where his lawyer entered pleas of guilty to aggravated dangerous driving occasioning grievous bodily harm and fail to stop and assist after vehicle impact causing grievous bodily harm, with three other charges dismissed.

Brennan sat quietly in court, wearing a blue suit, and was supported by his girlfriend, brother, parents, girlfriend’s parents and private psychologist.

An agreed set of facts tendered to the court stated that Brennan was driving a Subaru Forester in the early hours of February 3 between Newcastle and Sydney after having drinks at the Hamilton Hotel.

Mitchell James Brennan arriving at Wyong Local Court.

While driving on Wyong Rd at Berkeley Vale, “the offender navigated the intersection at Enterprise Dr … and exited on the wrong side of Wyong Rd”, the facts stated.

The victim, 65, was travelling 50km/h travelling northbound on Wyong Rd in his Mitsubishi Mirage when he saw headlights approaching his vehicle.

The facts stated that Brennan was swerving on the road and collided head on with the victim at 3.30am, forcing the victim’s car off the road. and spinning it 180 degrees.

The victim was “pinned to his car” unable to move his legs.

Brennan got out of the car and said to the victim “you are going the wrong bloody way mate” and the victim replied “get the f**k away from me”.

Witnesses who came to help were told by Brennan to go away and when asked if he had called triple-0, Brennan said “no”.

Brennan attempted to leave the scene seven to 10 times however witnesses stopped him.

One witness said to him “mate you’ve had a serious accident” and Brennan replied “it’s alright, everyone lived”, the facts state.

The accident happened on Wyong Rd in Berkeley Vale.

When the witness told him the victim had a broken leg, he said “whatever mate”.

Police arrived and took Brennan to Wyong Police Station where he returned a breath test result of .167 and admitted to crashing head on, talking on the phone while driving and being confused about where he was.

“It’s my fault,” he told police.

Later that night when police spoke to Brennan at home, he said he had fallen asleep and denied being on his phone. However said he was deeply ashamed of his actions.

The victim had to be cut from his vehicle and has been unable to walk since.

His injuries included a shattered left ankle, undisplaced fractures of the left foot, fractured sternum and ribs and fractured left shin bone.

He underwent three surgeries and rehabilitation at Berkeley Vale Private Hospital.

“The victim remains in a wheelchair and cannot walk,” the facts state.

Mitchell Brennan embraces his girlfriend before he pleads guilty to dangerous driving and is taken into custody.

The facts also indicated that there remained a risk the victim’s foot could be amputated.

The Crown Prosecutor made a detention application on Tuesday for Brennan to be jailed, ahead of his sentence, telling the court that a sentence of imprisonment was “inevitable”.

He pointed to the serious nature of the offence and the injuries caused.

He said Brennan’s “responsibility was abandoned” when he drove with a high level of alcohol in his system for more than an hour.

Brennan’s defence lawyer said there would be “irrevocable mental health damage” if he went into custody and that a jail sentence was not inevitable.

He pointed to Brennan’s age and the fact he had a full time job and was working to pay off his mum’s car and costs to the victim. He said Brennan had taken responsibility for his actions.

Brennan will be sentenced at Gosford District Court.

Magistrate Stephen Olischlager said while he considered Brennan’s age and that he was a person of otherwise good character, he noted the seriousness of the situation.

“Clearly this was a lengthy drive from Newcastle to the Central Coast,” he said.

Mr Olischlager said the real issue was whether the court viewed that full time imprisonment was warranted or whether an Intensive Corrections Order (ICO) would be appropriate. An ICO is the equivalent of a jail sentence served in the community.

“An ICO is very likely to be unavailable,” he said. “It is important that all drivers be deterred from driving dangerously. It is realistically inevitable that the offender would be sentenced to incarceration by full time imprisonment.”

Mr Olischlager granted the detention application, with officers taking Brennan into custody. Brennan remained quiet as he was led out, while his girlfriend and family members hugged each other in support.

The matter was set down for sentence in Gosford District Court with Brennan to appear again on March 2.