Family in tent hit by drunk driver can no longer enjoy camping, judge says

A man who drunkenly drove over a family's tent in a Tasmanian campground in the middle of the night almost five years ago has been jailed.

A 10-year-old boy was seriously injured when Stephen James Gatenby drove his vehicle into the tent at the Kentish campground, at Lake Barrington in the state's north-west, in the early hours of New Year's Day 2022.

In June, Gatenby, 32, was found guilty by a jury in the Supreme Court in Burnie of dangerous driving causing grievous bodily harm.

He was jailed today by Justice Tamara Jago, who said it was "extremely fortunate" his driving did not kill anyone.

'Get the keys', onlookers yelled

In sentencing Gatenby, Justice Jago said Gatenby had been drinking throughout the evening of December 31, 2021, at the campground, where he was celebrating New Year's Eve with his brother and friends.

Gatenby had become "very drunk and aggressive" and was seen nearly falling into fire-pits, struggling to walk up hills, and throwing punches at people trying to help him, Justice Jago said.

She said Gatenby responded to his brother's suggestion that he should go to bed by spear-tackling him.

The court heard Gatenby then ran towards his car, while onlookers yelled: "Get the keys, don't let him drive".

They were unsuccessful, and Gatenby drove his vehicle into the family's tent, causing the young boy serious injuries and other minor injuries to his sister and mother.

Bystanders tried to intervene and remove the keys from the car, but were unsuccessful, and Gatenby continued driving a further 100 metres, coming very close to other campers, before crashing into a tree.

"It is extremely fortunate you did not kill someone,"

Justice Jago said.

The judge said Gatenby recorded a blood alcohol reading of 0.218 after he was arrested.

Crash ended 'treasured family tradition'

The court heard that the physical and psychological effects of Gatenby's crime on the boy and his family have been "pronounced".

Justice Jago said the boy suffered fractures to his ankle and pelvis, internal bleeding and a burn to his leg.

In a victim impact statement provided to the court, Justice Jago said the boy was hospitalised for three weeks and required multiple surgeries to treat his wounds.

She said he suffered anxiety and flashbacks, was apprehensive around vehicles, and had permanent scars that served as a "constant reminder" of the incident.

The judge said the boy's mother experienced significant trauma seeing her child in pain, and experienced guilt and grief.

She said the family no longer undertook camping trips, which were an "important and treasured family tradition".

'Exceptionally intoxicated' driver convicted and jailed

In sentencing, the judge said she accepted that Gatenby had no intention to hurt anyone when he drove drunk that night, and that he "felt terrible" about the consequences.

She also said he had shown "selfishness" in trying to shift the blame onto others while giving a "reconstruction" of the night in question as he gave evidence during the trial.

"You were exceptionally intoxicated when you drove the motor vehicle,"

she said.

“You knew how very drunk you were.” 

Justice Jago jailed Gatenby for two years and six months, but suspended the final nine months for a period of two years. 

He will be eligible for parole when he has served half of the remaining 21 months.