Driver was watching unmarked police car when he collided with oncoming vehicle

A man who crashed into an oncoming car, injuring his pregnant passenger whose unborn baby died, has been sentenced to two years in jail.

Garry Matthew Whiteley, 27, was sentenced in Orange District Court on Thursday to 15 months’ jail without parole from May 19, 2019 to August 18, 2020, for dangerous driving occasioning grievous bodily harm.

It will be followed by nine months of parole from August 18, 2020 to May 18, 2021. 

On April 12, 2016, Whiteley was driving a silver Statesman on Lone Pine Avenue when he was seen by passing police in an unmarked car at 10.30am.

Police turned and followed him without putting their lights and sirens on.

They were still following him when he made a sharp right turn into Adina Crescent, into the path of a black Toyota Kluger driving in the opposite direction. The two cars collided.

Whiteley told police he had been watching them behind him and didn’t see the oncoming Kluger.

He was taken to Orange Health Service for treatment, however his passenger, who was 20 weeks pregnant, was trapped in the vehicle.

Once freed, the woman was also taken to Orange Health Service where she was treated for a fractured humerus and the baby was delivered dead. 

The driver of the Kluger was given pain medication for a non-displaced fracture to her sternum.

Whiteley was also injured in the crash and fractured his L1 vertebrae in his lower spine, without damage to his spinal cord.

Although he tested negative to alcohol, a drug test proved positive and analysis revealed a low-level of methamphetamine in his system, although it was not determined if he was impaired by the drugs.

In addition to the main sentence, Whiteley was also sentenced to six-months in jail from May 19, 2019 to November 18, 2019, for causing harm by misconduct while in charge of a motor vehicle, for injuries caused to the other driver.

For driving despite never having a driver’s licence he was disqualified from driving for three years, following his release from jail.

The driving disqualification will also run concurrently with a 12-month driving disqualification for driving with methamphetamine in his blood.

Whiteley is currently serving a three-year non-parole sentence for robbery, which ends on November, 18, 2019.

Following his release on parole, Whiteley will be subjected to supervision including drug and relapse counselling and mental health counselling and treatment.