A driver who ran a stop sign and crashed into another car at Orrvale, leaving the other driver with significant brain injuries and unable to do anything for herself, has been jailed for six months.
Kim Goh, 44, of Point Cook, pleaded guilty in Melbourne County Court to a charge of negligently causing serious injury.
The court heard Goh was driving east on Poplar Ave at Orrvale when he drove through a stop sign in his Rav 4 and crashed into the side of Cherie Mammone’s Hyundai, which was being driven north on Orrvale Rd on May 10, 2021.
On Poplar Ave there was a vehicle-activated flashing light warning sign for the intersection ahead, as well as six rumble strips and a stop sign on either side of the road at the intersection.
Goh braked one-fifth of a second before the intersection, and when he collided with Ms Mammone’s car his vehicle was still travelling at 91km/h.
In handing down his sentence, Judge Peter Lauritsen spoke of suggestions by a forensic engineer, employed by the defence, about the intersection, at which two people died in a crash in 2004 and where there have been several other serious crashes since then.
The speed limit at the intersection has since been reduced to 80km/h on both roads from the 100km/h when this crash occurred.
The engineer recommended a staggered reduction of speed approaching the intersection, from 80km/h, to 60km/h to 40km/h, and said that if the vehicles had been travelling at 60km/h the crash may not have occurred.
Judge Lauritsen, however, said the flashing warning lights 230m from the intersection, as well as two sets of three rumble strips, and the two stop signs, should have provided warning of the intersection ahead and said Goh had shown an “inexplicable disregard of the warnings”.
Ms Mammone, who was aged 22 at the time of the crash, was on her way to a Mother’s Day event when the crash occurred.
She suffered severe brain injuries, including bleeding on and in the brain, as well as a shearing of the brain fibres.
She also received injuries to her heart and pelvis, as well as face, liver, spleen, clavicle and lumbar spine.
Two years on from the accident she is in a wheelchair, and is unable to shower or feed herself.
Judge Lauritsen noted Goh, who moved to Australia from Malaysia in 2009, did not have a criminal record, and was spoken of highly by several referees for the work he did for people who had moved to Australia from Malaysia.
“The sad truth is many people who commit serious traffic offences are previously of good character,” he said.
“I very much doubt you will reoffend in this manner or in other ways.”
As well as the six-month prison term, Goh was ordered to complete a two-year community corrections order on his release from jail.
The order includes 200 hours of community work.
It also has conditions that he be assessed and treated for mental health and complete programs to reduce his risk of reoffending.
All time spent completing any treatment or programs can be credited towards his community work hours.