A man who caused his friend serious head trauma in a 'dumb' driving stunt has escaped jail time.
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Blake McAninly, 20, was sentenced in a Ballarat Magistrates' Court on Monday after pleading guilty to a charge of reckless conduct endangering serious injury.
Magistrate Ron Saines said it was a "matter of good fortune or bad fortune" if a person recovers from road trauma, and warned McAninly the incident could have resulted in a prison sentence.
"It could have been catastrophic for [your friend], it could have been catastrophic for you," Magistrate Saines said.
The offence carries a maximum penalty of five years jail.
On March 15, 2021 McAninly drove to Ilvia Way in Sebastopol where his friend was watching football at home.
Upon arrival the friend came out to greet McAninly in his stationary car on the road.
Police prosecutor Senior Constable Mitch Prewett told the court CCTV footage from a nearby home captured the friend leaning against the bonnet and lifting his feet before McAninly accelerated at up to 40 kilometres per hour.
"[The friend] falls from bonnet on the left side of the vehicle hitting the road surface and rolling twice," Senior Constable Prewett said.
"The accused then pulls to the right and stops, the accused exited the vehicle with [passenger] and attends to [the friend]."
Parts of McAninly's statement to police from that evening were read to the court.
"'It's just one of those stupid things we all do but you don't think it will happen like this'," Senior Constable Prewett read.
"'It was just something dumb'."
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The court heard the friend was put into an induced coma upon being taken to hospital, and his mother was told to "expect the worst".
Defence for McAninly said the friend, also 20-years-old, placed himself on the hood of the car.
"The culpability lies in Mr McAninly accelerating," the defence said.
"Your Honour would see countless cases of young men doing stupid things in cars and this is certainly one of these cases."
McAninly's defence said his friend did not make a statement and did not want McAninly prosecuted.
The friend has since made a full recovery.
Defence called for leniency given McAninly's early guilty plea, no prior criminal history or offending since the incident, his stable employment and good prospects of rehabilitation.
McAninly, who works as a third year apprentice carpenter, was comforted by his mother in court as the decision was handed down.
Magistrate Saines, citing a need to "send a message to the community", suspended McAninly from driving for four months, and placed him on a 12 month good behaviour bond.
"I've read a number of references that have been submitted that you're a fine young man and that you did not intend to hurt [your friend] at all. I accept both of these things," Magistrate Saines said.
"It was your hands on the steering wheel, and your foot on the accelerator that put him in hospital."
McAninly was further ordered to complete a road trauma program, and pay $600 to the court fund.
He received a recorded conviction.
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