Pimpama man fined $3000 for Surfers Paradise crash that killed 22yo Scott Cullen

TWO families have been left “traumatised” by a late night Surfers Paradise crash that claimed the life of 22-year-old Scott Cullen in October last year.

Scott Cullen died after being hit by a car in Surfers Paradise in October last year. Photo: Facebook

TWO families have been left “traumatised” by a Surfers Paradise crash which killed pedestrian Scott Cullen in October last year.

Details of the crash were revealed in Southport Magistrates Court where Daniel Patrick O’Toole, 25, pleaded guilty to driving without due care and attention.

The harrowing account of the crash left both Mr Cullen’s and O’Toole’s families in tears.

Magistrate Donald MacKenzie said “no one won” in cases like this.

He fined O’Toole $3000 and disqualified him from driving for 12 months.

The court heard O’Toole had been about 10km/hr over the speed limit at the time of the crash on Ferny Avenue about 11pm on October 8, 2016.

Drug and alcohol tests conducted on O’Toole came back negative.

Police prosecutor Senior Constable Jack Mulherin said CCTV footage showed Mr Cullen, 22, crossing the road near the wax museum before pausing on the median strip to wait for three cars to pass.

He said the footage showed the Mazda driven by O’Toole approach with its headlights off before flicking on moments before hitting Mr Cullen.

Snr Const Mulherin said police soon arrived on the scene were O’Toole was visibly distressed.

“The vehicle had impact damage to the front driver’s side headlight, bonnet and a broken windscreen,” he said.

In an unusual move Mr MacKenzie, the prosecutor and defence lawyer Julie Devery withdrew to chambers to view the CCTV footage to prevent further anguish to two families in the courtroom.

Mr MacKenzie also ordered the CCTV footage to be sealed and not released to the public.

The court heard toxicology reports found Mr Cullen had a blood-alcohol content of 0.23 per cent and also traces of the party drug ecstasy in his system.

Ms Devery said described the crash as a “tragic accident”.

Defence lawyer Julie Devery.

“Both families are here and they are traumatised,” she said.

“My client said for a week after the crash he did not leave home and did ‘nothing’.”

Ms Devery said on the night for the crash O’Toole, a packer from Pimpama, had been at a church event in Brisbane before returning to the Gold Coast to pick up a friend who was drunk at a buck’s party.

She said he was distracted by that friend when the crash occurred.

Mr MacKenzie said he accepted that O’Toole was driving between 70km/hr and 75km/hr in the 60 zone.

A man has been fined $3000 for a Surfers Paradise crash which killed a man.

He said O’Toole was young, had a good family support network and no criminal history.

“That may not be of much comfort to the family who have to spend the rest of their lives without that person,” Mr MacKenzie said.

“That’s the real tragic aspect of it.

“It must be difficult and no one wins in a criminal prosecution.

Mr MacKenzie said he needed to take into account what impact a prison sentence would have and said he could not impose a prison sentence solely based on the consideration of the victim’s family.

The maximum penalty for driving without due care and attention is six months prison.

Mr MacKenzie warned O’Toole a licence was a privilege and that when his licence was returned he needed to always drive with the proper attention.