A WOMAN cried “no, no” from the public gallery at Bathurst Local Court as a Blayney man had his bail revoked and was taken into custody over a crash last year that has left his best friend permanently injured.
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Lachlan Hobby, 21, has been told a custodial sentence would be appropriate for his role as the drink driver behind the wheel at the time of the crash near Bathurst in December 2017.
Hobby’s friend Josh Farr, one of two people sitting in the rear tray of the vehicle at the time of the crash, suffered permanent injuries as a result.
Hobby was charged with a string of driving offences after the crash and pleaded guilty in Bathurst Local Court to dangerous driving occasioning grievous bodily harm and driving in a manner dangerous.
Other matters including causing bodily harm by misconduct while in charge of a motor vehicle were referred to the District Court to be dealt with on a Form 1.
Further charges including negligent driving occasioning grievous bodily harm, driving with mid-range PCA and driving with two unrestrained passengers, not complying with P2 licence were referred to the District Court under Section 166 of the Criminal Procedure Act.
There were emotional scenes in the Bathurst District Court on Thursday when matters against Hobby were heard before Judge O’Connor.
When Judge O’Connor, who will sentence Hobby on October 30, indicated a custodial sentence was appropriate, members of Hobby’s family broke down and began sobbing.
Judge O’Connor said cases like this were always difficult and it gave him no pleasure to jail a young man of otherwise good character.
Hobby and his friends had been out in Bathurst and were returning to Blayney in the early hours of the morning when he lost control of the vehicle.
Giving evidence under cross examination on Thursday in the District Court, Hobby spoke of the guilt he carries for injuring his friend.
Under cross examination he conceded he knew he was affected by alcohol when he made the decision to drive, and that as the holder of a Provisional licence he knew he couldn’t drive with any alcohol in his system.
Hobby agreed it was only a miracle that the other passenger sitting in the tray and other occupants inside the vehicle did not also suffer terrible injuries.
Hobby said he felt responsible for what happened and accepted the injuries sustained by his friend were permanent and life-changing.
Hobby’s solicitor Mason Manwaring told the court his client lives with the responsibility of his decision. He said Hobby was in contact with his friend every day and as such he is reminded every day of what he has done and he takes responsibility for it.
In making his submission, he asked the court to consider an alternative to full-time custody.
Mr Manwaring said a significant factor was the long-standing friendship between his client and the victim which continues to this day.
But Judge O’Connor said there was a need for specific and general deterrence.
Judge O’Connor said it was “never a pleasant task” to jail a young man with an otherwise good character but, given the situation, there appeared to be very few other options.
Mr Manwaring said “if it wasn’t for the very close relationship between the young men before and after [the crash] I might have a different approach to the submission” adding his client was “a young man with genuine remorse, who made a terrible mistake.”
Mr Manwaring said his client would not find custody easy.
“He will struggle more than most,” he said.
But the Crown submitted the circumstances of the case warranted a full-time custodial sentence.
Judge O’Connor indicated a full-time custodial sentence was appropriate and revoked Hobby’s bail.
Hobby’s family started sobbing, saying “please, don’t do that.” Hobby will be sentenced October 30.
