A speeding, disqualified driver who ran away after striking a man on O’Shea Road in Berwick has been spared jail.
Michael John Cashen, 31, of Highett, pleaded guilty at the Victorian County Court to dangerous driving causing serious injury as well as driving disqualified and failing to stop and render assistance to the victim.
Sentencing judge Angela Ellis said the father of two had been speeding at an estimated 100km/h on the wrong side of the road while passing a traffic island and another car about 6.40am on 18 June 2018.
Ahead, the victim was pushing his friend’s car, which was turning right from Riviera Drive onto O’Shea Road.
Cashen steered back onto the correct side of the road, hitting the victim who was thrown up to 25 metres into roadside bushes.
With his car now “inoperable”, Cashen briefly approached his seriously injured victim then ran from the scene with his front passenger.
The victim was helped by his friend and another eyewitness. He was transported to The Alfred hospital with a broken shinbone and damaged knees.
Meanwhile, an “upset and crying” Cashen rang an associate, telling them he’d “f***ed up”, Judge Ellis said.
In an initial police interview, he denied driving the car involved in the crash.
Cashen’s “deplorable conduct” had shown “utter disregard” for other road users, Judge Ellis said.
“Your conduct, driving on the wrong side of the road for approximately 50 – 60 metres, travelling at well in excess of the designated speed of 70km/h, was incredibly dangerous.
“It’s not clear why you were in such a hurry, that you drove on the wrong side of the road, passing the incorrect side of the traffic island.”
At the time, he was said to be abusing illegal drugs to cope with a relationship breakdown.
His long-term addiction had been a coping mechanism, likely due to his untreated ADHD, Judge Ellis said.
Cashen’s “extensive” criminal history included priors for driving while disqualified and driving dangerously, the judge noted.
A year before the crash, he’d pleaded guilty to reckless conduct endangering serious injury, while trying to evade a police pursuit.
He’d also been to court five times for further offending since the crash, including three jail terms in 2018 and 2019.
Cashen had also previously breached two community corrections orders and a drug treatment order.
Judge Ellis however noted Cashen’s “marked” improvement since being last released from jail. She rated his rehabilitation prospects as “good”.
For the first time, he successfully completed a CCO in May 2022. He had also “kept busy” as a concreting foreman.
“I am told that you have been drug free for over two years, and have committed no further offences since your release from custody in November 2020.
“You can continue with the path … or you can return to the lifestyle you were living – chaotic, erratic and beholden to whatever drugs you were taking.”
Judge Ellis said ordinarily Cashen would have been jailed, but it was in the community’s interest to have him rehabilitated.
“Whilst you shouldn’t be rewarded for being a law abiding and hardworking citizen, it’s not easy for people with a history of drug use and criminal offending to change their lives in the way that you have.”
Cashen was sentenced to a three-year CCO, including 350 hours of unpaid work as well as drug and mental health treatment and a road-trauma awareness program.
