A DRIVER who ran into a man sitting out the front of the pub at Hill End when she accidentally pushed the accelerator pedal rather than the brake has faced punishment enough in the time she has spent waiting for her sentence, a court has heard.
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Her solicitor said there had been no alcohol involved and it had simply been a "mistake on her part" and said the weight of the matter hanging over her had taken a very serious toll.
The court agreed as the woman was convicted, but with no further penalty.
Margaret Anne McIntyre, 74, of Gormans Hill Road, Gormans Hill, appeared in person in Bathurst Local Court on Wednesday, April 9, 2025, having previously pleaded guilty to negligent driving (occasions grievous bodily harm).
What happened
Police documents before the court said the victim in the matter, who was 74 at the time, was sitting on the porch of the Royal Hotel at Hill End at an outdoor table at about 2.40pm on October 18, 2023.
The porch has beams which support the second storey verandah of the building.
McIntyre, travelling north along Beyers Avenue in a Toyota Kluger, pulled in to park on an angle in front of the Royal Hotel, according to the police documents.
As she was going to park, she mistakenly pushed on the accelerator pedal instead of the brake pedal and the Kluger increased in speed and drove into a support beam, causing the beam to fall.
Her vehicle continued into the table and chair where the victim was sitting, narrowly missing another person, according to the police documents.
The front of the vehicle hit the victim's right leg and came to a stop.
The victim went to move away from the vehicle and fell over as he tried to do so, according to the police documents, then realised he was injured and went into shock.
McIntyre got out of the vehicle and saw what had happened.
Several bystanders who were nearby heard or partially saw what had occurred and went over to assist, according to the police documents, and triple-0 was contacted.
The victim was airlifted from the scene to Westmead Hospital.
McIntyre was breath-tested at the scene, which gave a negative result, and the vehicle was seized by police for mechanical inspection and found to be mechanically fine.
Police said McIntyre attended Bathurst Police Station on February 9, 2024, at about 6pm, as a protected suspect with a support person and took part in an electronically recorded interview.
She told police during the interview that she believed she hit the accelerator instead of the brake pedal.
The victim, as a result of the incident, underwent four medical operations and will possibly have more in the future, according to the police documents.
He lost all the tissue from the bottom of his right leg to the ankle and his tibula and fibula bone were smashed into several pieces.
Several plates and screws were placed into the victim's leg as a result of medical operations, according to the police documents.
His lifestyle has changed due to the incident, he is unable to take part in physical activities that he once did and he has been diagnosed by a psychologist as having developed post-traumatic stress disorder.
The victim provided a statement on October 11, 2024, according to police, who said it took several months to arrange for a statement to be obtained as the victim was moved around different hospitals and rehab clinics.
The victim gave police permission to access his medical records.
McIntyre also gave police permission to access her medical records if needed.
The police documents said McIntyre is in a nursing home in Bathurst and does not have a licence any more.
In court
McIntyre was represented by solicitor Evan Dowd and was accompanied at court by a support person.
Mr Dowd said his client - whose matter, he said, had been adjourned on a number of occasions - had mental health challenges and had suffered losses of people close to her in 2014 and 2023.
While still dealing with the second of those losses, he said his client had pushed on the accelerator rather than the brake while parking out the front of the pub at Hill End and had come into contact with the "elderly gentleman".
There was no alcohol and no drugs involved and it was simply a "mistake on her part", Mr Dowd said.
He said his client had done all the right things afterwards.
Only weeks after the incident at Hill End, his client had a fall at home, Mr Dowd said, and was not found for three days.
He said his client was not expected to live, but did, and now receives full-time support.
The weight of the more serious charges hanging over her had taken a very serious toll, Mr Dowd said.
Taking into account all that had happened, Mr Dowd said he failed to see what a significant sentence handed out by the court might achieve.
Police prosecutor Sergeant Cameron Ferrier said he would not be heard against a conviction, but with no further penalty.
He also said it was his understanding that McIntyre wanted to plead guilty from the beginning, which would entitle her to the full 25 per cent discount on her sentence.
Magistrate's decision
In sentencing, Magistrate Gemma Slack-Smith said she had taken note of the "personal material" before the court, the submissions on extracurial punishment and the submissions made by the prosecution.
Ms Slack-Smith convicted McIntyre, but with no further penalty.
In disqualifying McIntyre from driving for 12 months, from April 9, 2025, Ms Slack-Smith noted that McIntyre no longer had her driver's licence.
