P-plater tried to flee horror crash on skateboard
A MAN sent “psychotic” from smoking
too many cannabis “cones” tried to flee the scene of a crash that left a
woman permanently brain damaged, by sticking out his thumb and
hitchhiking, a court has heard.
The court was told,
Kayden James Lawson, of Killarney Vale, took off on his skateboard and
was picked up with his thumb out trying to hitchhike on the M1 motorway,
about 1km away from where he ploughed into another motorist after
travelling an estimated 200km/h in the breakdown lane while high on pot.At his sentencing hearing this morning at Gosford District Court his solicitor Brad Kernick appealed for the “moral culpability” to be considered lower than the guideline judgment — a series of High Court precedents that instructs judges when sentencing — because he suffered from schizophrenia which was not diagnosed until after the crash.
“In my respectful submission Mr Lawson deserves to have the moral culpability reduced,” Mr Kernick told the court.
Mr Kernick said Lawson’s erratic driving and his attempt to flee the scene on his skateboard, and was picked up after he was hitchhiking about a kilometre down the road, “suggests a person not acting rationally”.
However Crown prosecutor Charisse Hodgeman said there were medical reports tendered as part of the brief of evidence which revealed he was smoking four to five cones a day and at least three cones a day in the 12 months leading up to the crash.
“In relation to the object seriousness [there is the] gross abandonment of responsibility as a road user and the catastrophic injuries [to the victim],” she said.
Lawson, a P-plater, was estimated to be travelling more than 200km/h swerving in and out of traffic and along the breakdown lane on November 10, 2014 when he slammed into the back of Kristyn Rourke’s Toyota Hilux at 6.48am.
Tests revealed he had cannabis in his system at the time.
Lawson was charged with five serious driving offences but a last-minute plea deal saw him plead guilty to aggravated dangerous driving occasioning grievous bodily harm, driving while illicit drugs were present in his system and failing to stop and render assistance following an impact causing grievous bodily harm.
“It has to be above the mid-range — the driving, speeding, the appalling injuries — it has to be above the mid-range of objective seriousness,” he said.
Ms Rourke, who sat at the back of the court supported by her partner and friends, provided a victim impact statement which chronicled the devastating, lifelong implications she has suffered as a result of Lawson’s actions.
“I sustained an extremely severe traumatic brain injury, plus multiple other severe injuries including right ear amputation, right face/scalp de-gloving, C2 hangman (neck) fracture, left arm fracture and my left radial nerve was severed,” she said in her statement.
“Over the past two years I’ve endured multiple operations plus I have numerous ongoing rehabilitation and medical appointments, several per week.
“I needed to relearn the basics, such as walking, talking, writing, eating, brushing my teeth and decision making.”
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