The single-vehicle crash occurred on Milly Milly Lane, which is located to the northwest of Young in NSW. Photo: Google Maps.
A judge said that considering the driver who caused a spinal injury to his passenger in a car crash was drunk when going on a hunting trip, “the night had every possibility of ending in a disaster of some kind or another”.
Benjamin Luke Durham, then aged 32, was driving a Toyota LandCruiser while going hunting on the night of 23 July 2023 when he crashed into a tree on Milly Milly Lane in the rural locality of Burrangong, which is outside the NSW town of Young.
The car allegedly rolled onto its side and Durham was able to free himself and call for help, while his male passenger was trapped. The passenger was later found to have suffered injuries to his spine.
Durham admitted responsibility for the crash, but wanted to plead guilty to a lesser charge and disputed whether he had the prescribed concentration of alcohol in his blood.
He was found guilty of an aggravated charge of driving under the influence occasioning grievous bodily harm in a judge-alone trial earlier this year before he was sentenced by the NSW District Court this month.
Judge Gordon Lerve, in his publishing decision, said the now-34-year-old had obviously been drinking a considerable quantity of alcohol before the crash.
“While the fact that the offender and [the passenger] were going hunting is of no consequence so far as the sentence is concerned, I merely observe that given the offender’s level of intoxication the night had every possibility of ending in a disaster of some kind or another,” he said.
“The offender’s blood alcohol concentration was such that his driving ability would have been very substantially impaired.”
A doctor told the court the passenger received a spinal cord injury in the crash, but he is able to move around independently indoors and uses a crutch outdoors at times.
“[He] will continue to have small improvements with his right upper and lower limb function over the next six to 12 months. [He] will have lifelong impairments from his accident,” the doctor said.
Judge Lerve said the passenger suffered very serious orthopaedic injuries, some of which were permanent and life-changing.
“Essentially, given the circumstances, it was really only [the passenger] and the offender who were put at risk,” the judge said.
“There is no suggestion of excessive speed, erratic driving, competitive driving or showing off. The length of the journey was limited.”
Durham, who works in a supervisory role at a stock feeds company, apologised to his victim in court. The judge said he had rarely heard such a complete and fulsome apology from an offender.
“I’m sorry mate. It shouldn’t have happened,” Durham had told his passenger.
“Sorry, everyone.”
Judge Lerve said he was unlikely to reoffend and had good prospects of rehabilitation.
Durham was sentenced to two years and eight months’ jail with a 16-month non-parole period. As this was backdated to account for time served, he will be released in December 2026.
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