![Sentencing submissions were heard in Tamworth District Court on Friday. File picture Sentencing submissions were heard in Tamworth District Court on Friday. File picture](/images/transform/v1/crop/frm/afalkenmire/82b6caa4-b078-4188-b005-5e428609db55.jpg/r0_0_4000_2667_w1200_h678_fmax.jpg)
WHETHER a man was intoxicated or not when he veered out of his lane and hit two pedestrians, leaving one man in a coma, has divided lawyers during a sentencing hearing.
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Daniel John Sams fronted Tamworth District Court via video link from Shortland Correctional Centre on Thursday after pleading guilty to the late-night hit-and-run in Oxley Vale more than a year ago.
Crown prosecutor John Stanhope argued there was evidence the 38-year-old was intoxicated when he struck a 28-year-old man wheeling a pushbike, and a 27-year-old woman, as they walked along Manilla Road about 11.30pm on January 8, last year. Sams fled the scene but was arrested a short time later.
Mr Stanhope told the court it stemmed partly from admissions Sam had made about drinking alcohol that day, and observations at the scene.
"The offender did not eat any food at all ... he certainly consumed a number of alcoholic drinks," Mr Stanhope said.
"I don't know anything about him or his tolerance," Judge Andrew Coleman replied.
Mr Stanhope agreed there was no way to determine the degree of intoxication, but said the Crown case was that there was a level of impairment.
"Your Honour can't know ... what measurable effect there may have been on his driving ability," he said.
The court heard Sams was upset when he left the Kootingal Hotel that night and drove about 18km to Oxley Vale.
Mr Stanhope said whether it was "impairment by intoxication" or "by the level of emotional disturbance" was futile.
He submitted that after consuming alcohol and having an argument, Sams made the deliberate decision to get behind the wheel that night.
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Public defender Stuart Bouveng told the court there was no evidence Sams was intoxicated, which affected his moral culpability.
He said Sams was being sentenced on the "result" of the crash.
"Fundamentally, this is a serious example of this offence because of the injuries," Mr Bouveng told the court.
He urged the court to consider disqualifying Sams from driving for the minimum amount of time because he had voluntarily handed over his licence after the collision and hadn't driven since.
The court heard of some troubled circumstances Sams had been through, and a specialist report was handed up.
Lawyers tendered written submissions.
The man's mother is expected to read a victim impact statement before Judge Coleman hands down Sams' sentence next week.
Sams had his bail revoked after he pleaded guilty to charges of causing bodily harm by misconduct while in charge of a car; and dangerous driving causing grievous bodily harm. Other charges will be taken into account.
The court previously heard the man was in a coma at least 10 months after the Toyota Echo hit him, while the woman had suffered minor injuries.
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