A speeding highway patrol officer who left a grandmother with lifelong injuries and permanent disability after he crashed into her Mercedes has failed in bid to avoid a conviction.
Harry Thomas Little, 43, failed to successfully activate any warning devices attached to his police vehicle when he started speeding along a busy Cronulla road and ploughed into grandmother Gai Vieira’s Mercedes in September 2018.
The crash left Mrs Vieira, the wife of Sydney horseracing icon Bert Vieira, with a devastating brain injury which rendered her permanently disabled.
Little appeared before the District Court in Sydney on Friday to be sentenced after pleading guilty to negligent driving causing grievous bodily harm.
The NSW District Court heard Little reached up to 135km/h on The Kingsway at Cronulla in the moments leading up to the crash, as he attempted to pursue a Volkswagen driver who was believed to be using a mobile phone in the 70km/h zone.
In dashcam footage, Little was heard saying “come on” and beeping his horn as he waited behind a woman at an intersection before starting the pursuit.
“F****** move,” Little said as he overtook a learner driver.
“F*** right off,” he also said.
xjmtzywThe court heard Little slammed on the brakes when he saw Mrs Vieira turn out in front of him, however when he collided with her vehicle, his speed was 87.5km/h.
Mrs Vieira was travelling at just 2km/h.
No warning lights or sirens were activated on the police vehicle before the crash, however Little maintained he pressed a button to activate his lights before the crash, but was unaware the lights did not come on.
Judge Sarah Huggett said while Little had to be sentenced on the basis he held an honest and reasonable belief his warning lights were activated, she believed a colleague of Little’s who previously told the court Little had said “I didn’t have a chance to put my lights on”.
“I find the offender did not exercise reasonable care expected of a highway patrol officer,” Judge Huggett said.
“Knowing his siren was not activated and his speed was increasing to well in excess of the 70km/h limit, the offender took no step to check if his warning lights were activated.”
The court heard that since the crash, Little had been diagnosed with major depressive disorder, alcohol use disorder and post traumatic stress disorder.
Judge Huggett said Little was remorseful about what happened to Mrs Vieira, did not set out to cause harm and had no criminal record.
“I have no doubt he lives with that fact every day,” she told the court.
Little had pleaded not guilty to a more serious charge of dangerous driving causing grievous bodily harm, which resulted in an original trial being delayed due to Covid-19 and then a jury not being able to reach a verdict.
When a retrial took place, Little was acquitted and the long delays in the case and stress of the trial had placed extra stress on him, the court heard.
His lawyer previously argued for the court not to impose a conviction.
Judge Huggett rejected the idea of issuing a non-conviction and Little was convicted of negligent driving causing grievous bodily harm, sentenced to a 12-month community corrections order and disqualified from driving for 12 months.
