District Court Judge O’Connor said on Tuesday it gave him no pleasure to sentence a young man to jail, but the circumstances of the case and the need for general deterrence gave him no option.

Lachlan Hobby, 21, was charged with a string of driving offences after the crash which occurred just outside Bathurst in December last year.

Judge O’Connor read out the agreed facts of the case, detailing how Hobby and his mates had been at an 18th birthday celebration.

Three hours later they left the party and drove into Bathurst where Hobby consumed between five and six 375ml UDLs at the Oxford Hotel.

At 4am the group left the Oxford to return to Blayney, with two of the group - including the victim Josh Farr - laying down in the tray.

An eye-witness who followed the ute from Bathurst told police the vehicle was swaying from side to side and crossing into the oncoming lane before Hobby lost control of the car and hit the guard rail.

The ute hit a concrete culvert and became airborne and Mr Farr was thrown from the back tray of the vehicle and suffered critical injuries.

Others in the ute were less seriously injured with two being transferred to Bathurst Base Hospital and three, including the critically injured Mr Farr, were taken to Orange Health Service.

Mr Farr was later airlifted to Royal North Shore Hospital.

MAP: Where the incident occurred ...

Considering Hobby’s moral culpability, Judge O’Connor said the offender’s level of intoxication was well above the zero tolerance of the driver’s restricted licence. He also took into consideration the catastrophic injures suffered by Mr Farr whose life has forever been changed.

Judge O’Connor said it was plain other road users were potentially at risk, and Hobby had admitted during cross examination he knew he was affected by alcohol and took full responsibility for his actions.

The judge accepted Hobby’s genuine remorse.

Having considered all sentencing options available to him Judge O’Connor said anything other than a full-time custodial sentence did not convey the importance of general deterrence.

However, he said the extra-curial punishment suffered by the accused must be considered.

Judge O’Connor also found special circumstances in the case.

He convicted Hobby of dangerous driving occasioning grievous bodily harm and, taking into account the four offences on the Form 1 Schedule, Hobby was sentenced to a non-parole period of five months and additional term of seven months.

He will be eligible for parole on March 24, 2019.

In respect to driving with mid-range PCA, Hobby was convicted and disqualified from driving for a period of six months to commence on March 24, 2019.

For driving with two unrestrained passengers, Hobby was convicted but no punishment was imposed.

For not complying with P2 condition, Hobby was again convicted under section 10A.