A woman who suffered a broken back and brain damage in a crash with a negligent driver says she feels 20 years older as a result of her injuries, which have largely robbed her of "the joys of being a grandmother".
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The woman described the consequences of the April 2021 smash in a victim impact statement read to the ACT Magistrates Court on Wednesday, when Andrei Kazlou, 43, was convicted of negligent driving occasioning grievous bodily harm and fined $3000.
Kazlou, a gymnastics coach and Uber driver, was also banned from being behind the wheel for three months.
The court heard Kazlou had been driving in Kingston on the day in question, when he ran a stop sign at the intersection of Burke Crescent and Wentworth Avenue.
His failure to stop caused a collision with the victim's Hyundai sedan, which then left the road and smashed into a unit complex.
In her victim impact statement, read to the court by prosecutor Chamil Wanigaratne, the woman said she felt blessed to have no recollection of the crash, which broke her back in three places and left her nursing a fractured rib.
She also suffered a brain injury, which has caused memory loss issues.
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"Since this has happened to me, I have felt like a very different person," the victim said.
"I am a 60-year-old grandmother and the injuries I sustained in the accident have made me feel like an 80-year-old.
"The joys of being a grandmother were largely taken from me as I couldn't hold my baby granddaughter due to my spinal injuries."
The woman added that she had been unable to work full-time since the incident, while she had also needed to sell her house and move into a unit because she was now incapable of gardening.
Kazlou's lawyer, Necia Wearne, applied on Wednesday for her client to receive a non-conviction order.
She said the Belarusian father had no criminal history and was "devastated" to have injured the victim in the crash, which had "deeply shaken" him and made him more cautious on the road.
Ms Wearne also told magistrate Glenn Theakston a conviction would likely preclude Kazlou from continuing to work as an Uber driver.
She said this would create financial hardship for the offender's family, with Kazlou's income used to support relatives in both Australia and Belarus.
Mr Wanigaratne opposed the making of a non-conviction order, highlighting the "tragic" consequences of the incident for "an innocent woman who has ... lifelong injuries as a result of the defendant's conduct".
The prosecutor added that the court needed to show the community it was crucial to pay full attention to the road while driving.
Mr Theakston ultimately agreed with Mr Wanigaratne that Kazlou had to be convicted over the "unfortunate and serious" incident, which had changed the victim's life.
"We all need to be reminded that driving is a serious activity," he said.
The magistrate said Kazlou would have 12 months to pay his fine, while his future as an Uber driver was now in the hands of the ACT's licensing authorities.
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Blake Foden was a court reporter at The Canberra Times.
Blake Foden was a court reporter at The Canberra Times.
Lanie Tindale
I am City reporter at The Canberra Times. I previously covered health for the masthead, and was a trainee before that. I have written on courts, federal politics, breaking news, features and opinion. lanie.tindale@canberratimes.com.au.
I am City reporter at The Canberra Times. I previously covered health for the masthead, and was a trainee before that. I have written on courts, federal politics, breaking news, features and opinion. lanie.tindale@canberratimes.com.au.
