By JOLENE OGLE
THE 64-year-old woman who crashed into two tourists on Noosa Parade last May has been sentenced to four and a half years’ jail in Maroochydore District Court on Monday (21 September).
Nola Barbara Burgess pleaded guilty to dangerous driving causing grievous bodily harm while affected by an intoxicating substance.
The court heard Burgess was already drunk and affected by prescription medication when she drove to a Noosa Heads bottle shop on 26 May 2014 to buy two bottles of vodka.
The court heard Burgess left the bottle shop at the top of Noosa Drive, where she drove over a roundabout and then down Noosa Drive where she lost control of the vehicle and crashed into two tourists.
One of the victims sustained minor injuries while the other, a German man, had to have his leg amputated as a result of his injuries.
Judge John Robertson described the German national’s injuries as “catastrophic” and said it had been a long time since he was moved by a victim impact statement.
The German man flew back to Australia to attend the sentencing on Monday and, in a rare move, Judge Robertson addressed the victim saying he was sorry this had happened and he hoped the young man could carry on with his life.
“I cannot imagine what it must be like to live in your shoes,” he said.
“If I could turn back the clock, I would. You were in the wrong place at the wrong time.”
The court heard the victim’s injuries were so significant he would have died if he had not received medical intention immediately.
Burgess’s defence lawyer said his client, who had no previous traffic or criminal history, had been an alcoholic for more than 15 years and was suffering from a major depressive disorder and early-onset alcoholic dementia.
Burgess’ defence lawyer said due to her medical condition, his client had “some diminished cognitive ability in decision making” on the day of the crash.
The prosecution said the “die was cast” when Burgess decided to drive down Noosa Drive.
“It was inevitable she was going to crash. It was inevitable she was going to lose control and she was heading towards a high density area,” he said.
Judge Robertson sentenced Burgess to four and a half years’ jail, to be suspended after 16 months.
Burgess was also disqualified from holding a driving licence “absolutely”.
