Tyler Hawke avoids jail for causing car crash that left mate with serious brain injury
A young man who lost control and crashed into a tree – leaving his mate with permanent brain damage – has been sentenced.
SA News
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A young Myponga man has avoided jail time after causing a horror crash that left his friend with permanent brain damage.
Tyler Hawke, 22, had his jail term suspended in the District Court on November 29, after his careless driving “ruined” his friend’s life.
The court heard Hawke, then 20, was driving a car carrying his friend Jimmy Baxter, also 20, when crashed into a tree on Forktree Road at Wattle Flat in the evening of May 31, 2021.
The court heard Hawke lost control on a bend as the road changed from bitumen to dirt and hit a tree, and had ignored a warning sign notifying drivers of the change in direction and surface.
The passenger side of the car took the full force of the crash, leaving Baxter with extensive injuries. He was hospitalised and treated before being transferred to the Hampstead Rehabilitation Centre.
A blood sample taken from Hawke after the accident revealed he had traces of THC and diazepam in his system at the time.
The court heard Hawke suffered from cannabis use disorder and had experienced several traumatic experiences from his childhood and teenage years.
The court also heard Hawke has been diagnosed with an autism spectrum disorder.
He initially pleaded not guilty to the charges of aggravated causing serious harm by dangerous driving and aggravated driving without due care.
Days before the trial however, he pleaded guilty to the lesser charge of the two, aggravated driving without due care.
The court heard Hawke’s cannabis consumption was not part of any charge although was considered to have comprised his driving ability on the night of the accident.
On the morning of the sentencing, Baxter’s mother read out her victim impact statement, detailing the many serious injuries her son sustained in the crash, including a serious brain injury that prevents him from ever returning to his former self.
Judge Paul Muscat sentenced Hawke to three months jail.
Due to his youth and lack of criminal history, the sentence was suspended on a $500, two-year good behaviour bond.
Hawke was also ordered to complete 80 hours community service within six months and was disqualified from driving for 18 months.
“The effects of serious road trauma are devastating, as this case illustrates,” Judge Muscat said during sentencing.
“What is difficult to accept is crashes like this could be avoided altogether by drivers simply taking more care. It is not that hard to observe the road signs and to drive to the conditions. If you had done that, Jimmy Baxter’s life would not have been ruined,” he said.
At the end of his sentencing, Judge Muscat told Mr Baxter’s mother he understood she might not consider the penalty sufficient for the crime.
“I do feel sorry for what has happened to your son and how that has ruined his life and that has had a great impact upon you as a family. I just want you to know that,” he said.
Originally published as Tyler Hawke avoids jail for causing car crash that left mate with serious brain injury