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Deaf pedestrian to blame for crash - lawyer | Herald Sun
AN ELDERLY deaf pedestrian was partly to blame for permanent injuries she suffered when she was struck by a hit-run motorcyclist on a Melbourne road, a defence lawyer has said.
Mark Maccar, 26, slammed into Joan Stafford, then 70, causing her critical head injures when she crossed a major road on the afternoon of Easter Sunday last year.
The Victorian County Court heard Maccar fled after the crash and told a friend who was travelling with him "let's get the f*** out of here" and that he had hit a lady but to "keep your mouth shut".
Maccar pleaded guilty to negligently causing serious injury and failing to stop after striking Ms Stafford as she crossed Plenty Road at Preston in Melbourne's north.
Prosecutor Brett Sonnet said witnesses had reported Maccar was doing front wheelies and travelling up to 85km/h in a 60km/h zone before the collision.
The victim, a healthy independent pensioner, spent three weeks on life support and now has permanent brain and muscular skeletal injuries.
An administrator has been appointed to manage her affairs.
Maccar's barrister Stephen Shirrefs SC said he was ashamed and traumatised by what happened and had fled the scene in panic.
He said Maccar was travelling with the regular flow of traffic and he failed to see Ms Stafford in time because she walked into his path while his view was obstructed.
Mr Shirrefs said Ms Stafford was partly to blame because she was crossing the road away from pedestrian lights or a crossing, and due to her deafness could not rely on her hearing to be aware of oncoming traffic.
"In terms of ongoing injuries she has suffered, she's contributed to it," he said.
"It doesn't reduce his negligence because she's walked out in front of oncoming cars.
"Had she not stepped in the path of the left hand lane, we would not be here."
Mr Shirrefs said Maccar was travelling at a speed that did not allow him to stop in time but denied his behaviour was an example of gross negligence.
He requested his client receive a suspended jail term, a move opposed by the prosecution which called for immediate jail of up to four years.
Judge Joe Gullaci said Maccar's crimes were serious.
"Based on evidence relied on by the crown, he knew what he'd done and decided to keep going and hide what he'd done," he said.
"Most people stop. He didn't. He chose not to."
Maccar, of suburban Mill Park, will be sentenced on a date to be fixed.
AN ELDERLY deaf pedestrian was partly to blame for permanent injuries she suffered when she was struck by a hit-run motorcyclist on a Melbourne road, a defence lawyer has said.
Mark Maccar, 26, slammed into Joan Stafford, then 70, causing her critical head injures when she crossed a major road on the afternoon of Easter Sunday last year.
The Victorian County Court heard Maccar fled after the crash and told a friend who was travelling with him "let's get the f*** out of here" and that he had hit a lady but to "keep your mouth shut".
Maccar pleaded guilty to negligently causing serious injury and failing to stop after striking Ms Stafford as she crossed Plenty Road at Preston in Melbourne's north.
Prosecutor Brett Sonnet said witnesses had reported Maccar was doing front wheelies and travelling up to 85km/h in a 60km/h zone before the collision.
The victim, a healthy independent pensioner, spent three weeks on life support and now has permanent brain and muscular skeletal injuries.
An administrator has been appointed to manage her affairs.
Maccar's barrister Stephen Shirrefs SC said he was ashamed and traumatised by what happened and had fled the scene in panic.
He said Maccar was travelling with the regular flow of traffic and he failed to see Ms Stafford in time because she walked into his path while his view was obstructed.
Mr Shirrefs said Ms Stafford was partly to blame because she was crossing the road away from pedestrian lights or a crossing, and due to her deafness could not rely on her hearing to be aware of oncoming traffic.
"In terms of ongoing injuries she has suffered, she's contributed to it," he said.
"It doesn't reduce his negligence because she's walked out in front of oncoming cars.
"Had she not stepped in the path of the left hand lane, we would not be here."
Mr Shirrefs said Maccar was travelling at a speed that did not allow him to stop in time but denied his behaviour was an example of gross negligence.
He requested his client receive a suspended jail term, a move opposed by the prosecution which called for immediate jail of up to four years.
Judge Joe Gullaci said Maccar's crimes were serious.
"Based on evidence relied on by the crown, he knew what he'd done and decided to keep going and hide what he'd done," he said.
"Most people stop. He didn't. He chose not to."
Maccar, of suburban Mill Park, will be sentenced on a date to be fixed.