Ethan Wilson-Mitchell: Moruya teen sentenced for negligent driving
A teenager who broke his friend’s spine in a horror crash on the NSW south coast has been sentenced in court for negligent driving, which occurred only 16 days after he received his red P plates.
The South Coast News
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A teenager’s decision to speed while travelling along a south coast dirt road has ended in horror, with his friend and passenger breaking his spine after the car smashed into a tree.
The horrific incident saw Ethan Wilson-Mitchell, 17, wind up in Batemans Bay Local Court on Monday, pleading guilty to negligent driving occasioning grievous bodily harm, a charge part of the Road Transport Act 2013, Section 117(1)(b).
Documents tendered to the court reveal the Moruya teenager was driving a Hyundai I30 Hatchback along an unnamed dirt road in his hometown on the evening of October 20 last year, speeding along the 50km/h strip while his friend sat in the passenger seat.
The court heard at the time of the speeding, Wilson-Mitchell only received his red P plates 16 days prior.
Agreed facts state the car quickly lost traction, veering and swerving before finally smashing head first into a tree.
The impact completely destroyed the front of the car, sent debris flying more than 10m away and left approximately 71 metres of breaking marks on the road.
However, the crash also seriously injured Wilson-Mitchell’s friend, breaking his spine, injuring ligaments and seriously injuring his left kneecap.
Wilson-Mitchell pulled his friend out of the back of the car before calling his mum and triple-0.
Emergency services arrived at the scene and subjected the teenager to a breath test which returned a negative result.
The injured passenger was taken by road to the Moruya Hospital, before he was flown to the Prince of Wales Hospital in Sydney for emergency spine surgery.
On October 22, two days later, the passenger received a second surgery where screws were inserted into his spine.
He was fortunately discharged from hospital on October 28, however the court heard he will need to return later this year for further spinal surgery.
Agreed facts state following his friend’s discharge, Wilson-Mitchell was approached by police for further questioning, however he was “uncooperative”.
He was later charged.
In court on Monday, Mitchell-Wilson’s lawyer Paul Mannion submitted a written statement to the court which suggested the crash was nothing more than a terrible accident.
However, prosecution said there was no need for the young driver to be travelling at such a speed and his reckless and negligent driving resulted in an awful injury that could have lifelong implications.
Magistrate Michael Love agreed with the prosecution's submissions, noting it was a terrible crash.
Mr Love then mentioned Wilson-Mitchell wrote an apology letter, however he noted the apology did not take blame for speeding.
“I can see in this apology that the crash has affected you quite a bit,” he said.
“You are having trouble sleeping and I accept there is some remorse.”
Mr Mannion asked the court not to record a conviction given Wilson-Mitchell’s offence free driving record.
“Of course it’s offence free, it’s only 16 days old,” Mr Love said.
Wilson-Mitchell was convicted, fined $1500 and had his licence disqualified for 12 months.
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