UPDATE, THURSDAY, 11AM: A man who caused the death of his four-year-old daughter in a car crash is heading back to jail for breaching his parole by driving while disqualified.
Thomas Huby, 29 from Beaufort, was jailed for two weeks at the Ballarat Magistrates' Court on Thursday morning.
Magistrate Ron Saines told Huby he regarded his offending on November 27 last year as particularly serious.
He said it was related directly to the charge of culpable driving causing the death of Huby's daughter, for which he was jailed for five years and disqualified from driving for 30 months in October, 2018.
In that incident, he fell asleep at the wheel and slammed into a tree on Remembrance Drive in 2016, killing his daughter.
The magistrate said the recent offending was aggravated because it occurred while Huby was on parole.
"There must be a significant emphasis on deterrence for you," Mr Saines said.
"You are the subject of an ongoing sentence and you can only be in the community if you comply with the law."
Mr Saines said he took into account Huby had not committed any other offences when he got behind the wheel, including drink-driving, drug driving or put the public in danger of their safety, and he had co-operated with the police.
Huby's barrister, Katie Powell, said Huby would seek an appeal.
An accused person who lodges an appeal can apply for appeal bail, usually on the same day as they are sentenced.
Huby and his partner, who was allowed in the courtroom for the sentence, blew a kiss to each other as Huby was taken into custody.
If Huby did not plead guilty, he would have been sentenced to one month imprisonment, the magistrate said.
ORIGINAL STORY: A man who was jailed for causing the death of his four-year-old daughter on Remembrance Drive has breached his parole by driving while disqualified.
Thomas Huby, 29, fell asleep at the wheel and slammed into a tree at Cardigan on April 23, 2016, killing his daughter.
The Beaufort man was sentenced to five years' imprisonment, with a non-parole period of one year in 2018 after he pleaded guilty to culpable driving causing death on the basis of negligence.
His licence was disqualified for two-and-a-half years.
After serving one year in jail, Huby was released on parole on October 2 last year with a condition he not break the law for four years.
But at 8pm on November 27 last year, police caught Huby driving on Speke Street, Beaufort. He immediately told police he did not have a licence, he was on parole and he may have breached his parole.
Huby said he was testing his car after it had been repaired and he went to the supermarket, and he acknowledged these were not valid excuses.
He pleaded guilty to breaching a parole condition and driving while disqualified at the Ballarat Magistrates' Court on Wednesday.
Defence barrister Katie Powell said two weeks after the incident, the parole board warned her client to comply with his parole but it was not revoked.
She said it had almost been one year since the incident and Huby had not re-offended, he was employed, he had two children and a supportive partner and family.
Ms Powell submitted a financial penalty or community corrections order would be appropriate but magistrate Ron Saines said Huby was facing imprisonment.
He said Huby elected to commit an offence punishable by imprisonment and there must be a deterrence.
Huby, who attended court via a video link, was directed to attend court on Thursday for sentencing.
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