A Townsville man who was convicted for driving without a licence for the tenth time has had his original sentence successfully challenged on appeal. The District Court in Townsville overturned the initial penalty, imposing a new set of consequences for the repeat offender.
Original Sentence Overturned on Appeal
The case centred on a 34-year-old man from Condon, who pleaded guilty in the Townsville Magistrates Court to driving without a licence last November. This was his tenth such offence. The original magistrate, Ross Mack, disqualified the man from driving for two years and imposed a $750 fine.
However, the man appealed this sentence to the District Court. His legal representative argued that the two-year disqualification was "manifestly excessive" given the circumstances of the case and his client's personal situation.
New Penalties Imposed by District Court
District Court Judge Gregory Lynham heard the appeal and agreed that the original penalty was too harsh. On February 28, 2024, Judge Lynham set aside the initial sentence. In its place, he ordered a new set of penalties.
The judge reduced the driver's disqualification period from two years to 12 months. He upheld the original $750 fine but made a significant change to its payment terms. Recognising the man's financial hardship, Judge Lynham ordered that the fine be referred to the State Penalties Enforcement Registry (SPER) for a payment plan.
During the appeal hearing, the court heard details about the man's personal circumstances. He is the sole carer for his elderly mother and is responsible for driving her to frequent medical appointments. His legal counsel submitted that a shorter disqualification period would allow him to better fulfil these caregiving duties once he regains his licence legally.
A Pattern of Persistent Offending
The court was informed that the man's history of unlicensed driving spans many years. His first conviction for the offence was recorded back in 2008. Despite numerous convictions and disqualifications over the following 15 years, he continued to drive without a valid licence.
This most recent offence occurred in October 2023. Police prosecutors told the court that the man was pulled over by officers while driving. A routine check revealed he was disqualified from holding or obtaining a driver's licence at the time.
Judge Lynham emphasised the seriousness of repeatedly flouting driving laws, even while acknowledging the appellant's caregiving role. The decision to reduce the disqualification period balanced the need for punishment with the practical realities of the man's family responsibilities.
The outcome serves as a reminder of the legal consequences of driving while disqualified in Queensland. It also highlights the appellate process, where sentences can be reviewed and potentially altered if found to be disproportionate to the offence and the offender's circumstances.
