A DIRT bike rider has been spared time behind bars after a Cairns judge found he had not deliberately tried to run a man down.
Daniel Cronn was convicted of dangerous driving causing grievous bodily harm after he rode a $300 bike into Scott Kruger, who said his forearm was “swinging in the breeze” after the crash.
The 25-year-old had pleaded not guilty to the offence, which occurred on a grass path parallel to Ramsey Dr in June last year, claiming it was an accident, but a jury found him guilty last week.
The impact severely broke Mr Kruger’s arm in two places and he needed surgery so metal plates, pins and screws could be inserted to repair the damage.
Yesterday Cronn hugged his family in tears after learning he would be placed on a wholly suspended 18-month imprisonment term meaning he won’t have to spend any time in jail.
“This wasn’t a deliberate act,” Cairns District Court Judge Dean Morzone said.
“You weren’t intending to drive this man down.
“It was nevertheless avoidable.”
Mr Kruger, frustrated by the noise of motorbikes in the area after just putting his 12-month-old daughter to sleep, had walked from his home to the nature strip to confront the riders.
Rather than stopping the bike, which was travelling about 30-40kmh, Cronn crashed into Mr Kruger and as a result his arm was badly broken.
Cronn and his girlfriend Cass Hopper, who was the pillio