A 19-year-old suspended learner driver who sped off on police at 145km/h, narrowly missing a man who was whipper-snipping on the side of the road has been jailed .
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Joshua Fuller who defied his suspended licence and continued to get behind the wheel has avoided being jailed in an adult prison.
Fuller was instead sentenced to six months' detention in the Youth Justice Centre after pleading guilty to 14 charges, which included reckless conduct endangering serious injury and three counts of driving suspended.
Magistrate Ronald Saines, who had the decision to place Fuller in either an adult prison or youth detention centre on Wednesday, told the court he agreed Fuller had shown a great deal of immaturity during the three offences and believed any rehabilitation would be best achieved in a youth detention centre.
Mr Saines told Fuller the level of reckless endangerment to the community he showed when driving was high, which was aggravated by the fact he was on bail at the time.
"It was indeed lucky for you no injury or death occurred to another person," he said.
Fuller received five months' imprisonment on the charges which were punishable by jail time, he was also jailed for an additional month for breaching a community corrections order(CCO).
He will also now need to complete that CCO once released from jail.
For the remaining charges not punishable by prison, Fuller was placed on a second CCO with conditions to complete 60 hours of unpaid work over a 12-month period.
In addition, his licence was cancelled and he was disqualified from driving for a year. He will also need to complete a safe driver program before his licence will be reissued.
Fuller has already served 52 days on remand in an adult prison which have been counted as time served.
Mr Saines told Fuller he had the capabilities to gain a trade and remain out of the criminal justice system, but warned him any repeated behaviour would likely result in him returning to the position he is in now.
EARLIER | Joshua Fuller appeared in the Ballarat Magistrates’ Court on Friday where he indicated he will plead guilty when he returns to court next week for sentencing.
Fuller faces a number of charges including reckless conduct endangering serious injury, and multiple counts of driving with a suspended licence.
A number of the charges derived from an incident on November 26 where Fuller was caught driving in a car with no tread on his rear wheels more than 40km/h over the 100km/h speed limit.
The court heard he had two young female passengers in the car and narrowly missed a man working on the side of the road.
On another occasion he was intercepted by police in his Subaru which had a stolen tyre attached.
But Fuller, who was on a community corrections order at the time, escaped from police by speeding off as they prepared to place him in a divvy van.
On Friday the court heard briefly from Fuller’s lawyer, Tim Sullivan, who said there was only one explanation for his client’s behaviour. The drug ice.
“He has fried his young brain and he can’t think for himself,” he said.
“He hasn’t moved a step since the age of 16 because he has been using ice.”
Mr Sullivan said Fuller’s father, who once described his son as a “monster out of control”, has seen the 19-year-old turn a corner since detoxing from the drug.
Magistrate Ronald Saines said there were a number of factors that needed to be taken into consideration when sentencing a young offender, including consideration for placement at a Youth Justice Centre.
“The court should favour rehabilitation for young offenders, rather than punishment,” he said.