A man who was sentenced to a month’s imprisonment for his hazardous driving has successfully appealed the order so he can take care of his two young children.
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Jai Gibson, 25, made an appeal in the County Court in Bendigo on Thursday against the sentence he received in the Magistrates’ Court earlier this year for reckless conduct endangering serious injury, as well as unlicensed driving, using an unregistered vehicle, and failing to stop on police request.
On July 20, Gibson was sentenced to one month in prison on the first charge, and fined $700 and disqualified from driving for 12 months on the other charges.
Gibson was seen by police in Rochester on the evening of December 30, 2017, driving a vehicle with no number plates.
Police turned on their lights and tried to stop Gibson, but he sped to up to about 100 km/h.
At the roundabout on Ramsay Street he took the first exit, but lost control, crossed to the wrong side of the road on the bridge, mounted the footpath, and damaged 16 metres of fencing.
Prosecutor Damien Maguire told the court the crash happened on the main road between Rochester and Kyabram, which was normally in heavy use by both vehicles and pedestrians.
Gibson, the only occupant of the vehicle, fled the scene, but was later found and given medical attention.
In his interview with police, he was remorseful for his actions and admitted they were reckless.
He estimated his speed at the time of the crash was 80 km/h, and admitted he saw police before speeding up.
Gibson had never held a licence.
The court heard Gibson was on a community corrections order at the time.
Defence counsel Matthew Mahady said Gibson had his two young children in his care, and lived with them, his partner and her young child.
Mr Mahady said the main concern was what would happen to the children should he be placed in custody.
He asked the judge to consider another community corrections order on the reckless conduct charge.
Judge Irene Lawson said she was satisfied Gibson’s case classified as exceptional circumstances, and it was obvious to her he had “gone a long way” to address the issues behind his offending.
She convicted Gibson and placed him on a 12-month community corrections order with 50 hours of unpaid community work.
Judge Lawson also ordered he pay a $1000 fine.
“It is important that you are there for your sons,” she told Gibson.
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Natalie Croxon
Reporter at the Illawarra Mercury, mostly covering social affairs. Previously of the Bendigo Advertiser, Northern Daily Leader and Quirindi Advocate. Our Watch award winner.
Reporter at the Illawarra Mercury, mostly covering social affairs. Previously of the Bendigo Advertiser, Northern Daily Leader and Quirindi Advocate. Our Watch award winner.
