Ethan Shane Nicholls fined, disqualified, spared jail for Norton Summit Rd crash with cyclist Zeek Badman
The aspiring engineer hit a cyclist on a notorious Adelaide hill, leaving him in an induced coma with brain injuries after a “split-second” lapse.
A collision that left a cyclist comatose and permanently injured was a tragedy, but is no reason to jail the aspiring aerospace engineer who hit him, a judge says.
On Wednesday, the District Court fined Ethan Shane Nicholls $1425, ordered he perform 38 hours of community service within six months, and banned him from driving for 12 months.
In sentencing, Judge Paul Muscat said Nicholls’ offence was not one of speed nor distraction, but “a momentary, split-second lapse of concentration”.
However, he said that in no way minimised the ongoing impact upon the life of cyclist Zeek Badman.
“This is a very tragic case … the lives of two good men collided on Norton Summit Rd that fateful morning, changing them forever – one far more than the other,” he said.
“No penalty that the court can impose will compensate Mr Badman for what has happened to him.
“I accept a sentence of imprisonment is not necessary … despite the serious injuries Mr Badman suffered.”
Two weeks ago, Nicholls, 22, of Kensington, pleaded guilty to aggravated driving without due care.
His admission came on the day his trial – for the more serious offence of causing serious harm by dangerous driving – was due to begin, and was accepted by prosecutors.
Nicholls was driving the silver BMW that seriously injured Mr Badman, 34, on Norton Summit Rd, Woodforde, in February 2023.
Ten days earlier, Mr Badman had proposed to his now-wife, Alice – she told the court she had spent the next month waiting at his bedside as he lay comatose in an intensive care unit.
In sentencing on Wednesday, Judge Muscat said Mr Badman sustained injuries to his brain, spine, chest, legs, ribs and lungs, requiring an induced coma and surgery.
Nicholls, he said, was genuinely remorseful and fell to be sentenced under old laws that capped penalties at 12 months’ jail and no less than six months’ disqualification.
Judge Muscat said that, while considering his sentence, he had personally driven that stretch of Norton Summit Rd.
He said he found it “tight” and that, without intense concentration, a driver could “easily” cross the centre line as Nicholls had.
Nicholls and Mr Badman, he added, would not have seen one another until “literally” the moment of impact due to the tight left-hand bend.
“This truly could be described as a momentary lapse of concentration while negotiating a difficult bend in the road,” he said.
Nicholls did not comment outside court.
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Originally published as Ethan Shane Nicholls fined, disqualified, spared jail for Norton Summit Rd crash with cyclist Zeek Badman