A man will likely never walk again after being involved in a crash where a Ballarat driver allegedly ploughed through a high-speed intersection without giving way.
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Geoffrey Braszell, 69, sought a sentence indication in the Ballarat Magistrates' Court in relation to the incident which occurred in Burrumbeet on June 5, 2023.
According to a police summary, about 6.25am that morning, Braszell was driving to work along Hendersons Road, Burrumbeet, in a white Holden ute.
At the same time, three men were travelling north along Avenue Road in a Mitsubishi work truck which was loaded with plumbing equipment and a mini-excavator.
Both Hendersons Road and Avenue Road have speed limits of 100kmh.
As Hendersons Road approaches Avenue Road there are several signs alerting drivers to give way, which include a yellow advisory sign about 100m before the intersection and a give way sign and dotted line at the meeting of the roads.
Despite this, Braszell allegedly drove through the intersection at a speed of between 60kmh and 93kmh without stopping.
Braszell's car then allegedly collided with the Mitsubishi and flew over the road's shoulder and through a wire fence, before stopping 27 metres from the intersection.
The car was majorly damaged in the crash, and Braszell sustained injuries including a cracked pelvis, internal bleeding to the abdomen and a bleed on his brain.
After the crash, the Mitsubishi truck travelled out of control for about 15 metres, before rolling a further 14 metres from the road.
The middle-seat passenger sustained a major spinal injury, and is now in a state of quadriplegia, where he cannot move his legs and has partial use of his arms.
Police prosecutor acting sergeant Steve Repac said the man had required ongoing care with daily activities since the crash.
The other two members of the truck also sustained severe injuries, with the driver required to spend five days in an intensive care unit while being treated for a punctured lung, torn spleen and broken ribs.
Police do not allege Braszell was affected by drugs or alcohol at the time of the crash.
In an interview with police, Braszell allegedly said he approached the intersection at about 30kmh, and had not seen the other vehicle in the dark.
He also denied entering the intersection at a speed between 60kmh and 95kmh, and said it would have been dangerous to do so.
More evidence needed before ruling can be made
Braszell's lawyer said they disputed the alleged speed their client had entered the intersection at, and they would dispute expert evidence if the matter went to a contested hearing.
They also said Hendersons Road was poorly signed, with no lighting or rumble strips to alert drivers to the intersection.
When addressing their client's personal life, they said the 69-year-old had grown up in Ballarat, worked as a prison officer at Langi Kal Kal and had committed no prior criminal offences.
Since the incident, they said Braszell had suffered from post traumatic stress disorder and was seeing a psychologist fortnightly.
Magistrate Mark Stratmann refused the request for a sentence indication, and said the alleged victims should have an opportunity to read impact statements and provide further evidence on their injuries.
"This is an extremely serious matter. The long standing quadriplegic is the most serious injury; it's been a catastrophe across the board," he said.
"My view is the court would require some update on the middle-seat passenger and some opportunity for him, or his carer, to make submissions about day-to-day life [before sentencing]."
The matter was adjourned until June 5, 2024, where more information will be put before the court.
