Prison sentence for unlicensed driver
WITH just three months left before he got his licence back after a five-year suspension, Adrian Paul Horne took a chance just after midnight on April 27.
That gamble pushed his chance of driving back a further three years.
The Mandalay man pleaded guilty on Monday to contravening a police direction and driving while disqualified by a court order.
Proserpine Magistrates Court heard that Horne, a boat builder, twice gave police the incorrect name Michael Hall Smith when pulled over on Mandalay Rd at 12.40am.
Whitsunday Law's John Ryan said his client had been doing work at a friend's house when the friend's partner went to hospital in labour which resulted in a still birth.
"His friend came back and was very upset and he (Horne) stayed with him to console him,'' Mr Ryan said.
While his friend was dropping him home, Horne noticed how distressed he was and told him to go home and he would find his own way, Mr Ryan said.
"The distance was about 1.5km and my client had the intention to walk home but it was late at night and the temptation to drive took over," he said.
"When he realised he was going to be apprehended he was angry at himself because he knew what was going to happen.
"He said it (the false name) in a sarcastic matter because the police officer knew him and knew he was disqualified."
The court heard Horne's business had been dramatically affected by the previous loss of his licence.
Magistrate Simon Young said the circumstances in the offending were not to be regarded as contemptuous disregard.
"However this is the fourth occurrence in four years... previous sentences have not been a significant deterrence for you," Mr Young said.
Horne lost his licence for a further three years and received a two-month prison sentence, wholly suspended for 18 months.
Convictions were recorded.
For giving a false name he was convicted but no further punishment was ordered.
NOTE: The original version of this article incorrectly stated Adrian Paul Horne received a two-year prison sentence wholly suspended for 18 months; Mr Horne received a two-month prison sentence wholly suspended over 18 months.