Ashley Ellis Lee Mccolm, 32, pleads guilty to dangerous drunk driving after mate’s fall from ute tray
In the moments before his life would change forever, a young man, clinging on for life in the tray of a ute, asked his mate to slow down as he drove down an unsealed road with over “20 beers” coursing through his veins, a court was told.
Cairns
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In the moments before his life would change forever, a young man, clinging on for life in the tray of a ute, asked his mate to slow down as he drove down an unsealed road with over “20 beers” coursing through his veins, a court has heard.
Cairns tiler Ashley Ellis Lee Mccolm, 32, pleaded guilty to one charge of driving causing grievous bodily harm while intoxicated after he drove drunk down an unsealed road near Hope Vale with his friend and employee in the tray of a Toyota HiLux ute.
The court heard Mccolm had a blood alcohol percentage of 0.147-0.181.
William Thomas Holden, 19, fell from the vehicle leaving him with “catastrophic injuries” and severe, ongoing cognitive and physical impairment.
Crown prosecutor Claudia Georgouras told the court that moments before he fell from the tray Mr Holden pleaded for Mccolm to slow down three times
“The unrestrained passenger told him to slow down and after rounding a bend and finally slowing down he realised he was no longer in the tray,” she said.
Ms Georgouras told the court Mr Holden travelled 22 metres across the road after falling from the ute before standing and stumbling a further seven metres and collapsing.
Mr Holden was transported to Cairns Hospital before being transferred to Townsville where he spent 20 days in ICU and a further seven months in the hospital, having many major surgeries.
Judge Dean Morzone KC told Mccolm that his actions left Mr Holden with catastrophic brain injuries including bleeding, “dreadful” facial fractures, partial blindness, a broken breast bone, and a broken right shoulder blade.
“Without treatment he could have very easily died,” he said.
The court heard a victim impact statement written by Mr Holden’s mother, Tracy Clarke, on his behalf.
“William’s memory is impaired and he is unable to concentrate for more than a few minutes at a time so that is why I have written this on his behalf,” the court heard.
Ms Clarke wrote that William was a bright young man with a bright future ahead of him.
“He was hard working and dreamt of joining the army and working as a mechanic, he had big dreams of going to the army to work on tanks and building a future for himself.
“Now sadly he cannot achieve any of the dreams he had in life.”
Ms Clarke wrote that William required the ongoing care of his family and employed carers.
“I must now relate to him like I did when he was an 11-year-old,” she said.
“He realises he is not the same and he is often found saying things like ‘I’m still Will, I’m here inside’.”
Defence counsel Aaron Dunkerton told the court Mccolm regretted the split second decision to drive that led to the accident.
Judge Morzone reminded him that his client also chose to continue driving despite the pleas from his passenger to slow down.
Mr Dunkerton said Mccolm did eventually slow down, said “there was no fishtailing, skylarking or excessive speeding” and provided assistance to his friend and police after the accident.
Judge Morzone sentenced Mccolm to three years and six months imprisonment citing Mccolm's “terrible” traffic history of speeding, drunk driving, and other road offences.
He ruled Mccolm to serve 10 months of his sentence before he will be released on a suspended sentence.
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Originally published as Ashley Ellis Lee Mccolm, 32, pleads guilty to dangerous drunk driving after mate’s fall from ute tray