A MOTORCYCLIST who was jailed for seven years for seriously injuring a pedestrian in an Echuca hit-run has had his sentence reduced on appeal.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Joshua Abbott, 25, received his County Court sentence in February last year after he pleaded guilty to negligent driving causing serious injury, failing to stop and render assistance, and driving while disqualified.
The charges stemmed from a crash on March 10, 2019, when Abbott struck a 39-year-old victim while riding an unregistered black dirt bike on an Echuca walking track.
Investigators determined Abbott would have been travelling somewhere between 41km/h and 50km/h when the man was hit shortly after midnight.
Abbott left the scene of the crash without helping the victim, the court was told.
The victim sustained several injuries, including multiple facial and skull fractures, a severe traumatic brain injury, and pelvic fractures.
In her sentencing remarks, County Court Judge Sarah Dawes said the objective gravity of Abbott's offending was high, as was his moral culpability, so only a substantial term of imprisonment was appropriate.
Abbott was given a total effective sentence of seven years in jail, with a non-parole period of five years. He appealed the decision on the grounds the sentence was "manifestly excessive".
Abbott's counsel submitted the judge gave excessive weight to the seriousness of the victim's injuries and Abbott's negligence while driving.
Read other news:
The lawyer said although Abbott failed to stop and assist, his moral culpability was reduced because he was unaware of the seriousness of the victim's injuries.
The counsel also submitted that Abbott's moral culpability was reduced because he knew two bystanders were attending to the victim.
The appeal judge, Justice Richard Niall, said there was a "very high degree of negligence involved" in the crash.
Justice Niall said given the time of day and poor lighting on the walking track, it would have been very difficult for any pedestrians to avoid a collision with a speeding motorbike.
"In my view, the risk of collision was high and given the speed, any collision with a pedestrian was highly likely to cause serious injury," Justice Niall said.
The appeal judge said the victim's injuries were "devastating and ongoing", and the County Court judge's assessment of the injuries was "accurate and fair".
"It was open to the judge to regard the offending as serious and to place considerable weight on both general and specific deterrence," Justice Niall said.
The appeal judge said the sentence for the negligent driving charge was within the appropriate range.
But Justice Niall said the sentence for charge two - failing to stop and render assistance - and the total effective sentence were "manifestly excessive".
Justice Niall altered Abbott's sentence to six years in jail, with a non-parole period of four years.
Our journalists work hard to provide local, up-to-date news to the community. This is how you can access our trusted content:
- Bookmark bendigoadvertiser.com.au
- Make sure you are signed up for our breaking and regular headlines newsletters
- Follow us on Twitter @BgoAddy
- Follow us on Instagram @bendigoadvertiser
- Join us on Facebook
- Follow us on Google News