A DANGEROUS driver has dodged a bullet and abandoned his Bendigo County Court appeal after being given a warning by the judge, potentially avoiding an even longer stint in jail.
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Dwane Harding was charged with using a carriage service to offend, driving while suspended, and reckless conduct endangering serious injury with a motor vehicle.
He pled guilty and was sentenced to jail for one year, plus a one month jail term for his federal charge (use carriage service to offend), with a non parole period of six months in the Bendigo Magistrates court on June 8, 2022.
"I think it's easily worth what he got. Easily, given his history," Judge Doyle said.
Judge Doyle said the appellant did not receive a heavy sentence and had only a couple of months left until he was eligible for parole and questioned the purpose of the appeal.
The appellant's lawyer, Richard Backwell, said his client wanted certainty of his release date from prison.
He said if Harding were to be released on a community corrections order, it would give him supervision in the community and certainty about his release.
The court heard Harding sent a snapchat picture of his penis and testicles to a teenage girl.
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The mother of the victim opened up snapchat and saw the image.
The court was told Harding was 'adding random people on snapshot' who he didn't know.
Harding was confronted about the image and later apologised, saying he didn't know the girl was underage.
Harding was also guilty of a number of dangerous driving offences involving excessive speeding and illicit drugs. His license was also suspended at the time.
The court heard in one instance, Harding was driving at a speed of 145 kilometres in 100 kilometre zone.
On May 6, 2022, Harding was found driving with an illicit drug present in system and no license.
He admitted having no license and consuming ice a few hours prior.
The court heard in one instance, he was speeding so much it endangered residents who were in their front yard.
Mr Blackwell said Harding's hard drug use was due to significant life stressors like the death of his grandmother.
The court heard Harding's grandmother was the person who raised him.
Mr Backwell said his client started off like many addicts - thinking he could use drugs recreationally here and there and before eventually going back to daily drug use.
"[His drug use] led to a repeat of the type of offending evident in his criminal history," he said.
"He needs something to address his drug problem and it's my submission that can best be achieved with a community correction order once he's served a term of imprisonment."
Mr Blackwell said his client "does well under supervision," including not doing drugs.
He said Harding planned to live with his oldest daughter, his sister and her husband who could get him a job, when he gets released from custody.
"He is waitlisted for inpatient treatment for his drug addiction," Mr Blackwell said.
Judge Doyle said Harding had a "very serious traffic history" involving multiple offences while suspended and under the influence of illicit drugs.
The judge said the sentence he would impose might be longer than what he was originally given in the magistrates court and issued a warning.
Upon hearing the warning, Mr Blackwell immediately abandoned the appeal as Harding gave clear instructions that he didn't want to risk further jail time.
Harding will remain in custody to serve the remainder of his magistrates court sentence. He has served 110 days so far.
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