A man continues to deal with cognitive impairments and will need ongoing care as a result of life-threatening injuries he suffered as a passenger in a crash at Charing Cross last year, a court has heard.
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Jessie Norris, 23, will plead guilty in the Bendigo Magistrates' Court to dangerous driving causing serious injury and unlicensed driving in relation to a collision between a car and a semi-trailer shortly after 8pm on July 29, 2018.
A summary of agreed facts reveals Norris ran two red lights as he turned into the path of a semi-trailer travelling south along Pall Mall.
The truck driver applied the emergency brakes but could not avoid the car, crashing into the front passenger side.
He said in a statement he "applied the brakes but still dragged the car for about 20 metres through and beyond the intersection".
The driver and the other truck occupants, his two young children and his employer, were uninjured and got themselves out of the cab.
But emergency services had to free Norris and his passenger, a then-21-year-old man, from the car.
The passenger was flown to the Royal Melbourne Hospital with life-threatening injuries, including a traumatic brain injury, spinal fracture, fractured clavicle, fractured ribs and scalp lacerations.
Norris was taken to Bendigo Health.
Tests revealed neither Norris nor the truck driver had alcohol or illicit substances in their blood, but Norris was unlicensed.
An investigator from Victoria Police's Collision Reconstruction Unit said the car was travelling at a minimum of 31 km/h and the truck about 55 km/h at the time of the crash.
CCTV footage showed the car travelling through the intersection against a red turning signal, while the truck entered on a green light.
Police interviewed Norris the following day. He appeared genuinely remorseful, police reported, but could not explain how or why the collision occured, nor remember the time immediately before the crash.
On Wednesday, defence counseil Lisa Papadinas applied for Norris' matter to be heard in the Magistrates' Court, rather than progress to a higher court.
Ms Papadinas said it was objectively serious offending, but argued her client's moral culpability lay at the lower end of the scale.
Aside from the running of the two red lights, she said, there were no overtly aggravating factors, as Norris was not speeding and was not affected by drugs or alcohol.
Ms Papadinas referred to several County Court cases of dangerous driving causing serious injury and dangerous driving causing death, in which the offenders received sentences within the sentencing scope of the Magistrates' Court.
But David Gray, acting for the Office of Public Prosecutions, disagreed Norris' moral culpability was at the lower end, referring to his breaches of the two red lights and his history of driving offences.
Mr Gray also said the victim had suffered "catastrophic" injury and referred to a doctor's report, which said the victim had recovered physically well despite lacking some endurance, but had suffered cognitive impairment on top of a pre-existing intellectual disability.
The doctor reported the victim would "require ongoing supervised care with complex domestic and community activities".
Mr Gray did not dispute the Magistrates' Court had the sentencing power, but said it was a matter that ought to be dealt with in the County Court.
But magistrate Megan Aumair granted the application for the matter to be heard in the Magistrates' Court.
Ms Aumair noted Norris' driving history, which included multiple driving while suspended and unlicensed driving offences.
But she said the court did have adequate sentencing power to deal with the case, and regarded it was in the best interests of all parties to have the matter finalised sooner rather than later.
Norris remains on bail and will return to court for a plea hearing next month.
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