He was also fined $4000.

Magistrate Saines also cancelled Dunn’s licence and disqualified him from driving for two years.

He indicated Dunn was looking at an additional three months jail if he had pleaded not guilty.

EARLIER | A Mount Egerton man who had been drinking before he got behind the wheel of his ute which his friend was flung from in Elaine last November will be sentenced this afternoon.

Daniel Dunn, 30, will be sentenced by magistrate Ronald Saines after successfully having his summary jurisdiction application to downgrade his matter from the County Court granted.

Dunn had been drinking when he decided to get behind the wheel of a ute to collect firewood on the day of the crash late last year, the Ballarat Magistrates’ Court has previously heard.

His friend, a 24-year-old Laverton man, was standing on the ute’s tray as they travelled down Dollys Creek Road, Elaine on November 24.

Dunn went to swerve to avoid a pothole when the victim, who was not holding onto anything, was flung from the ute into a tree.

Magistrate Saines told Dunn while his friends and family referred to the November incident as an “accident”, the court strongly rejected the description.

“The injuries afforded by you were avoidable,” Mr Saines said.

“The crime, which you have pleaded guilty to, was not caused because you thought of the risks … it was much the opposite.”

Following the incident, Dunn returned a blood alcohol level of 0.112.

The victim, who had also been drinking, was taken to the Royal Melbourne Hospital with life-threatening injuries.

The victim has since recovered from his injuries.

During an interview with police Dunn said he wished “he could take it back”.

“I knew it was dangerous, but I thought he would hold on,” he said.

Dunn’s lawyer, Daniel McGlone, said his client’s clean history, low speed on the day, registered car and full licence meant the offending was without the hallmark features that were often associated with the charge of dangerous driving causing serious injury.

He said Dunn, who was “not the sort of person who got caught up in the criminal justice system”, and his friend had camped in the same spot for 14 years without incident.

“He made an appalling error of judgement, he recognises that and regrets that,” he said.

Mr McGlone argued given the matter was distinguishable from cases of hooning, elements of specific and general deterrence could be addressed through the punitive and rehabilitive aspects of a community corrections (CCO).

He further added jail had the potential to act as a destructive element.

Crown prosecutor Raylene Maxwell said while the Crown did not oppose the idea of a CCO, she urged the court to take into account the need to denounce similar behaviour, particularly because there were so many young men of good character who come before the court having made a bad choice with tragic consequences.

Magistrate Saines said while he was satisfied the likelihood of Dunn ever returning to court was low, it was necessary for the court to denounce this type of behaviour.

He agreed a jail term was not necessary in this case, but he warned Dunn a CCO was not a “get out of jail free card.”