Michael Cashen sentenced for Berwick hit-run that left man seriously injured

A good Samaritan trying to push start his mate’s broken down car in Berwick was sent flying 25m in the air after a speeding driver smashed into him.

A concreter has escaped a prison sentence for striking a pedestrian who was helping to push start his mate’s broken down car, before leaving him seriously injured in a bush.

Highett man Michael Cashen, 31, appeared in the Melbourne County Court on Thursday for sentencing, after earlier pleading guilty to dangerous driving causing serious injury, failing to render assistance and driving while disqualified.

The court heard Cashen had been driving through a Berwick intersection on June 18, 2018, when the incident happened.

Cashen, who was unlicensed at the time, was travelling more than 30km/h over the speed limit and “flew past” another car to overtake it just past the intersection of Riviera Drive and O’Shea Road about 6.40am.

Driving on the wrong side of the road for about 60m, he was crossing back on to the right side when he drove over a traffic island and struck a man who had been helping to push start his mate’s broken down car.

Supplied Editorial Michael Cashen

The victim was thrown about 25m through the air before landing in bushes on the side of the road.

While witnesses rushed to the victim, Cashen and his female passenger fled from their smashed up car.

The victim was taken to The Alfred hospital where he was treated for multiple fractures.

The court heard Cashen called an associate shortly afterwards.

“Upset and crying” he told him he had “fu**** up”.

Cashen, who the court heard had a lengthy relevant criminal history, was interviewed three days later but made no admissions.

Defence barrister, Alex Patton, submitted his client had held down a job since his release from custody two years ago, abstained from drug use and bettered his relationships.

He submitted a further term of imprisonment would only serve to “interrupt” his client’s rehabilitation.

Judge Angela Ellis said that while she considered the offending to be “very serious”, her sentence needed to consider other factors.

These included the delay in the case going through the court and the extensive steps he had taken to improve his life since the incident.

She convicted and sentenced Cashen to a three-year community corrections order with conditions to undergo treatment and rehabilitation, complete a road trauma awareness program and complete 350 hours of unpaid community work.

He was also convicted and fined $750 for driving while disqualified.

He was fined a further $1500 for failing to stop and render assistance following an accident, though a conviction was not recorded for this charge.

Judge Ellis said he was being spared jail only due to not wanting to disrupt his efforts at rehabilitation during the last two years.

She said this was his “one and only chance”.