A CHINESE national has avoided jail for a head-on collision near Armidale last year, which left a man with a significant brain injury.
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University of New England student Shen Qiu was handed a two year sentence in Armidale District Court for his role in a crash on Dumaresq Dam Rd on August 8, 2015.
But judge Stephen Hanley fully suspended the sentence, meaning the 21-year-old will not spend time behind bars.
Qiu pleaded guilty to four charges relating to the crash, including two counts of dangerous driving occasioning grievous bodily harm.
The driver of the other vehicle, a 19-year-old man, had to be airlifted to John Hunter Hospital in Newcastle with critical injuries and was placed in a coma.
The victim did not provide a victim impact statement, but judge Hanley said medical reports provided an insight into the damage inflicted by the crash, which would take “many years to recover.”
“I’m satisfied that his injuries are substantial,” he said.
“He still suffers short term memory loss.”
Judge Hanley said it was clear from the facts the car Qui was driving crossed into the lane of the oncoming vehicle.
He ruled out factors such as the influence of alcohol and drugs as contributing to the crash, but said Qui’s “momentary inattention” played a role.
A report tendered to the court by a crash investigation expert indicted the Chinese national veered into the path of the oncoming car when faced with the impending crash.
Judge Hanley noted Qiu’s distress over the injury caused to the victims in the crash, namely the 19-year-old man, but said a suspended custodial sentence was the only available option.
“I’m satisfied he has demonstrated genuine remorse to a significant degree,” he said.
“The offender’s moral culpability is at the very lowest.”
Qiu was ordered to be of good behaviour for the next two years, and has been disqualified from driving for three years.
Outside of court, defence solicitor Philip Cox said it was a “no win” case which highlighted the need for
regulatory changes for international drivers on Australian roads.
“His instinctive reaction was to veer right, which took the vehicle from an evasive point of view to further a head-on collision,” he said.
“It was this instinctive reaction from a Chinese kid that is used to driving on the right hand side of the road.
“Any overseas person could obtain a driver’s licence in their home country with little or no experience and on arrival in Australia will be granted untested driver privileges, putting Australian road users at risk.”
