A WOMAN who had about five hours' sleep in the three days before the car she was driving ran off the road, critically injuring one of her passengers, will serve a two year and six month community corrections order.
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In sentencing Anna Patricia Cameron, County Court Judge Amanda Fox said the case was a tragic example of the potentially disastrous consequences of driving while fatigued.
"It is critical the message is constantly sent to all road users that they must at all times be fit to drive and pay due care and attention to their driving," Judge Fox said.
"Driving on our roads demands that drivers must be focused, alert, awake, cautious and attentive at all times."
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Cameron, 44, was convicted of a single charge of dangerous driving causing serious injury.
Cameron was prohibited from having or obtaining a licence for two years and six months as part of her sentence.
The court heard Cameron had not driven since the crash, which occurred shortly before 6.30pm on April 27, 2017, on the Midland Highway at Huntly.
Cameron's driver's licence expired the following year.
Had Cameron not pleaded guilty, Judge Fox said she would have been sentenced to two years and three months in jail, with a non-parole period of 18 months.
The charge carries a maximum penalty of five years of imprisonment.
Cameron was ordered to complete counselling for drug use and mental health treatment and rehabilitation as part of her sentence.
The court heard Cameron had a number of medical issues, including an acquired brain injury.
Her health and vulnerability were among the reasons Judge Fox deemed a community corrections order the most suitable sentence, rather than imprisonment.
The crash had forever changed the lives of several people involved, including Cameron, the court heard.
One of her passengers sustained life-threatening injuries during the crash, resulting in several surgeries and rehabilitation.
"It is clear he has suffered enormously as a result of his injuries," Judge Fox said, noting the man still had significant disability.
The crash caused pain and suffering to the passenger's entire family, the court heard.
Both of the passenger's parents died after the crash.
The crash deprived the passenger of the opportunity to say goodbye to one parent, and meant the other spent the last years of their life under "immeasurable physical and emotional stress" at what had happened to their son.
Cameron's guilty plea was a source of relief and closure for that parent, who died shortly afterwards, the court heard.
The passenger's sister was among those who attended Tuesday's sentencing.
Cameron was also seriously injured in the crash. Evidence presented to the court indicated she had not been the same since.
Cameron had been admitted to hospital for psychiatric care numerous times in the months following the crash.
"Notes record you as saying you didn't want to hurt anyone, which seem to relate to this collision," Judge Fox told Cameron during sentencing.
She noted Cameron was upset at the start of the sentencing. Cameron seemed unable to verbally agree to the community corrections order, indicating her assent by way of nodding.
In sentencing Cameron, Judge Fox highlighted the duty of care a vehicle's driver had to other road users, and particularly to their passengers.
"You'd had approximately five hours' sleep in the previous 72-hours. Driving in such a condition, in circumstances where you knew, or ought to have known, you were extremely fatigued and therefore not fit to drive was dangerous in all the circumstances," the judge said.
She said the crash was "a serious example of driving when sleep deprived and fatigued."
Alcohol and drugs were not detected in Cameron's system, and there were no signs of excessive speed.
The vehicle, which belonged to the critically injured passenger's father, left the road and crashed into a tree at 60 kilometres an hour after Cameron lost consciousness.
A second passenger in the vehicle sustained minor injuries and was discharged from hospital the following day.
Judge Fox warned Cameron that a community corrections order was a punishment and urged her to abide by its terms.
"You have come very close to going to jail," the judge said.
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