Driver, 19, who crashed putting passenger in coma given suspended sentence
The driver of a car involved in an accident which left a teenager in a coma with brain damage was given a suspended prison sentence yesterday.
John Doran, 19, from Devonshire, pleaded guilty in Magistrates’ Court last month to injuring David Goonewardene by driving without due care and attention. He reappeared in court yesterday for sentencing.
Prosecutor Alan Richards said that in March last year, shortly after receiving his car licence, Doran was driving along Knapton Hill in Smith’s. At the time, Mr Goonewardene was the front seat passenger and two other people were in the back.
Doran unsuccessfully tried to negotiate a left hand bend and hit a nearby wall. He then struck another wall near the junction of Knapton Hill and Idle Acres Road, and Mr Goonewardene was thrown against the windshield.
Mr Goonewardene, who was aged 16 at the time of the accident, was unresponsive and had to be removed from the vehicle by emergency services. Another passenger sustained a leg injury.
Doran passed a breathalyser test at the scene.
In addition to being in a comafor six weeks, Mr Goonewardene has been in and out of hospitals and therapy sessions both in Bermuda and overseas since the accident.
In his victim impact statement read in court, he said that Doran had robbed him of a clear mind and now felt trapped inside his head.
He said: “People now treat me differently, because of the way I look, sound and talk. I feel like my life has been ended, without it officially being over.”
Mr Richards highlighted that, due to the severity of Mr Goonewardene’s injuries, this was not the typical driving without proper care case.
He said: “This case is exceptional and falls beyond the pale where a fine would be sufficient [as a sentence].”
“The court should also take into account, however, Doran’s youth, good character and the fact that he has been studying overseas.”
Calling the situation a “tragic accident”, Doran’s lawyer Mark Pettingill said that his client now suffered from depression due to the guilt he felt from causing the accident.
“Whatever Doran’s sentence may be, a custodial sentence or a fine, it will not change the tragedy that occurred,” Mr Pettingill said.
Doran apologised to Mr Goonewardene before he was sentenced.
He said: “There is no way to tell you how I feel. I am sorry I have not reached out to you enough. I think about that accident every day and I still want to be your friend.”
Mr Goonewardene stood up in the gallery after Doran’s apology and said: “It’s OK.”
Senior magistrate Maxanne Anderson sentenced Doran to 12 months behind bars, suspended for two years, and banned him from driving all vehicles for two years. He was also fined $3,000.
Ms Anderson warned Doran to stay out of trouble during those two years, or his sentence could be changed to a harsher one.
Ms Anderson said: “Bermuda has way too many tragedies on our roads and I will not tolerate careless driving.”
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