The drug-affected driver who put Sydney media personality Glenn Wheeler in hospital with near-fatal injuries has beaten an attempt to appeal her suspended jail sentence and lock her up.
Deborah Anne Levy, 60, admitted she was high on cannabis when she smashed her van into Wheeler as he rode a scooter through Woolooware in Sydney's south in February 2015.
After hitting the van's windscreen, Wheeler was left with bleeding in the brain, as well as fractures to his eye socket, femur and pelvis.
"The victim is unlikely to make a full recovery, is unfit for his pre-injury employment and will require a high level of care for the rest of his life," Sydney's District Court heard on Monday.
Levy pleaded guilty in October 2015 to one count of negligent driving causing grievous bodily harm and one charge of driving under the influence of a drug and was in March given a seven-month suspended sentence by magistrate Julie Huber.
She was also given a two-year good-behaviour bond under which she was ordered to attend psychiatric counselling and drug or alcohol rehabilitation and has been banned from holding a licence for three years.
The Director of Public Prosecutions then appealed on the grounds a technical legal error had been made by Ms Huber when she was explaining why she had decided to suspend the sentence.
The DPP argued the sentence should be served in jail.
But Sydney District Court judge Andrew Scotting on Monday said the penalty for the driving under the influence offence imposed by the magistrate was appropriate.
"I am not satisfied that the magistrate made the legal error," he said.
"The (DPP's) argument was unclear as to whether the respondent should have received a custodial sentence for the drive under the influence of a drug offence.
"As a result of the way the charges were laid that offence did not aggravate the negligent driving causing grievous bodily harm offence."
© AAP 2016