A MAGISTRATE has deferred the sentencing of a man who drove while suspended to “get his kids lunch”.
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Magistrate Cynthia Toose told Ballarat man, Shane Withers, she planned to put him to the test to see whether he can stay out of trouble between now and sentencing on October 14, after the man pleaded guilty to three driving related charges on Monday.
Ballarat Magistrates Court heard the man had been intercepted by police on January 16 for a random licence check where it was discovered the car was unregistered and Withers was a suspended driver.
The car was impounded and Withers told police he had only gone out to “get his kids some lunch”. Withers’ defence lawyer, David Taminika, said his client had made significant changes in his life since being imprisoned in October last year.
“In that time he has made significant steps forward and is now in a situation where he has linked into a number of support programs … he is trying to be a role model for his children,” he said.
But the magistrate told the court it seemed the message not to drive without a licence wasn’t getting through.
“I’ll adjourn it (sentencing) and see if he can continue with the programs and stay out of trouble,” Ms Toose said.
“If he continues to behave the way he has been, there will be only one outcome.
“You’re being positive about helping yourself, but if there is any further offending I will send you to jail.” .
- In a separate case, an Avoca man who pleaded guilty to possessing prohibited weapons, including three knuckle dusters and a mobile phone taser, has been fined $1200 without conviction. Representing himself, the man told the court there was no excuse why he had the items which had been brought back from Thailand. The magistrate said a fine “in no way” downplayed the seriousness of the crime, telling the man he faced more serious penalties if he returned to court on similar charges.
