Wendy Margaret Samuelson charged with grievous bodily harm in Proserpine Court

An ageing Qld driver who “slammed” her accelerator instead of the brake, hitting and hurting a man so badly part of his leg had to be amputated, has faced court after the shocking shopping centre crash.

Wendy Margaret Samuelson appeared in Proserpine Magistrates Court charged with driving without due care and attention causing grievous bodily harm.

A careless driver confused her brake for the accelerator causing a horror crash that cost a man part of his leg.

Wendy Margaret Samuelson, 76, had been trying to back her car out of a tight parking spot in the Fresh Fields Shopping Centre carpark when she scraped 44-year-old Daniel Kennedy’s car, Proserpine Magistrates Court heard.

Mr Kennedy was said to have walked around to inspect the damage, giving a thumbs up to Ms Samuelson before turning around and walking to the back of his vehicle.

Ms Samuelson told police she then accidentally put her foot on the accelerator instead of the brake, hitting Mr Kennedy who landed on the bonnet of her vehicle before hitting two bollards and then colliding with another vehicle.

He was treated at the scene by members of the public including an off-duty doctor before being taken by ambulance to Proserpine Hospital then by helicopter to Townsville University Hospital where he was intubated in a serious but stable condition.

He was then transferred to Brisbane for further treatment.

A medical statement from one of Mr Kennedy’s doctors said he had sustained a compound fracture and dislocation to his femur which resulted in a partial leg amputation above the right knee.

The driver appeared in court this week with her head down as the facts were read.

Solicitor Elizabeth Smith from PD Law told the court her client had experienced “significant distress” following the crash.

She also noted the retiree was a full-time carer for her husband who was in poor health and had limited mobility and had also undergone leg amputation (unrelated to this crash).

She said Ms Samuelson was “genuinely remorseful” and had engaged with a psychologist to deal with the impact.

Ms Smith requested community service or probation for her client who she said had a limited financial capacity and would need significant time to pay down a fine and would also be significantly limited by a disqualification above the minimum of six months.

Acting Magistrate Nigel Rees said while this case had earlier been described as an accident, he could not label it as such.

“An accident is something that is beyond our control, it was you who slammed your accelerator,” he said, adding that he would take into account Ms Samuelson’s age and health as well as her husband’s health in sentencing.

“You have no doubt got some insight on what Mr Kennedy is going through.

“Your case has had a devastating effect on the complainant.

“He was an able bodied 44-year-old.

“I have no doubt that he has not only just suffered physical harm, but psychological.”

Magistrate Rees also took into account Ms Samuelson’s lack of criminal history and her co-operation with police.

Ms Samuelson pleaded guilty to driving without due care causing grievous and was fined $1000 and disqualified from holding a driver's licence for 12 months.

Magistrate Rees said in Ms Samuelson’s case probation would not have had any utility given her age and it was unknown if she would have been capable of completing community service due to health issues.

Convictions were recorded.

Originally published as Wendy Margaret Samuelson charged with grievous bodily harm in Proserpine Court