By Cam Lucadou-Wells
A hit-run driver who claimed he drove away from a critically injured pedestrian due to fears about ‘African gangs’ has been sentenced.
Joshua Graham Bunker, 35, pleaded guilty at the Victorian County Court to failing to stop and to render assistance after the victim inadvertently walked into a box trailer towed by Bunker on Clow Street, Dandenong.
In sentencing, Judge Amanda Chambers said Bunker was not charged with causing the young man’s “catastrophic” and “life-changing” injuries but ought to have known there was a collision and stopped to help.
He’d heard a “bump” on the side of the trailer but there was no evidence that he’d seen the collision or its aftermath, Judge Chambers noted.
“This is not a case where you demonstrated a callous disregard or indifference to the plight of the victim.”
Bunker’s manner of driving and speed were not factors in the crash.
According to expert evidence, the victim – aged 24 at the time – would have most certainly have died if bystanders in central Dandenong hadn’t come to his aid and called for an ambulance.
Bunker’s Ford Ranger with the box trailer in tow turned left around the corner of Thomas and Clow streets on the afternoon of 4 March 2021.
With a group of friends at the time, the victim stepped behind the Ranger as he crossed the street. Tragically, he didn’t see the following trailer.
He struck the trailer’s front corner with what witnesses called a loud “bang” or “thud” – one described it as like a bomb.
He was thrown to the ground and suffered traumatic brain and spinal injuries.
Rendered a quadriplegic, he undertook surgeries and lengthy rehab.
He now lives in a residential care home with “frustration”, “isolation”, “anger” and “continuous pain”.
Witnesses heard Bunker loudly swearing through his open window as he drove away towards Dandenong railway station.
One claimed Bunker said “what the f***”, another that he exclaimed “What a f***ing idiot”.
A by-stander claimed she’d told Bunker to stop because he’d hit someone, to which he allegedly retorted “f*** off”. But this was rejected by another witness, and so was found to be “unreliable” evidence.
Bunker’s passenger was head-down, counting money after just visiting an ATM.
He said he felt a bump, assuming Bunker had clipped the kerb with the trailer. He heard Bunker swearing but there was no mention of a collision with a victim.
Bunker was arrested after police found his ute in Hallam that night. He was also charged over an imitation firearm found inside the vehicle – the gun was left by other people, he said.
Judge Chambers rejected Bunker’s claims to police that he had earlier felt intimidated by one member of a “group of Africans” – which included the victim – walking past him in his parked ute in Thomas Street.
He told police he didn’t want to stop with a gang around, looking like they “wanted to beat your head in”.
Judge Chambers said CCTV footage at the scene didn’t corrobate his claims that the group acted in an intimidating manner, or that a member stuck his chest out and walked in the middle of the road or they were interacting with him.
However, she said Bunker’s reaction of swearing and driving off from the scene were “equally consistent” with thinking a person had kicked or hit the trailer.
The judge said she must send a “clear message” that drivers were legally compelled to stop and render assistance to injured victims.
Bunker had a previous conviction for failing to stop after his vehicle crashed into a traffic pole, as well as family violence, speeding, drug-driving and drink-driving offences.
His diagnosed ADHD, guilty plea, expressed remorse and history of “sporadic” drug use was also noted.
Judge Chambers rated his rehabilitation prospects as “reasonably good”.
Recently, he moved in with family in Queensland, was working and drug-free, and had not reoffended for the past two years.
Bunker was put on an 18-month supervised community corrections order including 120 hours of unpaid work in Victoria as well as drug and mental health treatment.
Due to his prior failing to stop at an accident offence, he was disqualified from driving in Victoria for eight years.
