A MAN has opted to forgo his parole after causing spinal injuries to another in a drunken road crash.
Clinton John Wilken was sentenced to a year in prison after he pleaded guilty to dangerous driving in circumstances which occasioned grievous bodily harm, having a blood alcohol content in excess of 0.08 and having no authority to drive when he appeared at Rockingham Magistrates Court on September 29.
The prosecutor said the crash happened at the intersection of Mandurah Road, Ennis Avenue and Stakehill Road Port Kennedy on July 7, 2016.
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READ NOWHe said Wilken was travelling in a southerly direction on Ennis Avenue when in a Toyota Hilux when he ran a red light at speed through the intersection.
A Nissan Patrol that was turning right into Ennis Avenue from Mandurah Road was “effectively T-boned” by Wilken’s Hilux.
The driver of the Nissan received numerous spinal fractures along with an unstable compression fracture.
Wilken got out his car and ran from the scene, however when police arrived they found him in bushland about 300m from the crash site.
He had a reading of 0.095 but had also taken medication.
His lawyer said Wilken did not remember much of the accident apart from waking up to a police dog standing over him at the crash scene.
He said it could not be proved if the drugs had affected his memory loss.
He stated the offences warranted a prison term, although he urged Magistrate Vivien Edwards to suspend the term.
He said Wilken suffered ongoing pain and nerve problems from the crash and was remorseful.
Wilken wrote a letter of apology to the victim but was advised not to send it by his first lawyer.
Magistrate Edwards said she was concerned that he had three previous dangerous driving charges, along with drink driving offences.
“My concern that he was suspended from driving at the time, and was drinking,” he said.
“It was extremely significant for the victim of the event.”
The prosecutor said it warranted an immediate prison term.
“This is what road rules are all about; people going about their business don’t need to be effectively T-boned by another driver as they are doing so,” he said.
Magistrate Edwards accepted Wilken was remorseful.
“I accept you too suffered injury and are still doing so today,” she said.
“I have been urged to consider a suspended term; perhaps you have changed your life since your release from prison.
“There was absolutely no excuse to do it; you have made two wrong decisions to drive and drink.
“The victim has had serious consequences because of you.
“I’m of the view that immediate imprisonment is the only option to deal with it.
“You have expressed a wish not to be considered for parole so no order for parole will be made.”
Wilken was also suspended from driving for a further four years and fined $550.
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