Man runs over cyclist, crushes helmet, continues driving
A FATHER who didn't realise he had run over a cyclist, crushing her helmet, has been convicted and fined $800.
Police prosecutor Allison Johnston told Noosa Magistrates Court that a female cyclist had her head run over on April 15 when Brett Russell Millard, 36, turned across a bike lane while towing a trailer through Noosa Heads.
His two children were in the car.
Snr Cnst Johnstone said the cyclist was assessed at the scene by paramedics and taken to hospital, where she was monitored and treated for two days.
"She received abrasions and bruising to her lower back, her abdomen and her chest," Snr Cnst Johnstone said.
"And significant inflammation to her cheek but it was only a soft tissue injury.
"It did cause pain, stiffness and limited movement."
Millard, from Gympie, pleaded guilty to driving without due care and attention or driving without reasonable consideration for other persons using the road.
Defence lawyer Amy Ryan said Millard was unaware he had hit the cyclist and kept driving along Cooyar St until he was alerted to the incident by a pedestrian.
"The defendant states, and acknowledges to police, that he must not have looked thoroughly before turning across the bicycle lane or otherwise he has misjudged the location of the cyclist compared to his vehicle and trailer," Ms Ryan said.
"It's submitted that the injuries sustained by the cyclist, while unfortunate and upsetting, were not life threatening or otherwise sufficient and serious to fall within the category of grievous bodily harm as defined in the act."
Millard brought a cheque to court to pay the victim $5160 sought in restitution for her bike and equipment which was damaged.
He had no criminal history and a minor traffic history.
Ms Ryan said Millard asked that no disqualification period be placed on his licence, as it would result in him being unable to work as a diesel fitter in the mines.
"He may lose his job," she said.
Ms Ryan said Millard was genuinely remorseful.
She said a fine, a recording of the conviction and an order for restitution was adequate punishment.
Magistrate Haydn Stjernqvist disagreed.
He said it was hard to believe Millard didn't realise he had hit the cyclist.
"It's just by your luck that you're not charged with something more serious..." Mr Stjernqvist said.
He acknowledged it was not an aggravated offence, which is sometimes the case when cyclists are hit by cars.
Millard was convicted and fined $800.
"In respect of a period of disqualification, it's a discretion of mine whether or not I do (disqualify your licence)," Mr Stjernqvist said.
"I take into account the detriment that would flow from the order I'm about to make - you're disqualified from driving for three months.
"I take on board there might not be great need for personal deterrence but a general deterrence for others to be aware of cyclists on the road."