Car thief who nearly pinned cop against wall released
A HERVEY Bay woman, who narrowly missed pinning an officer against a wall with a stolen car, has been released from custody this week after spending 82 days in jail.
Luana Frescon was sentenced to nine months imprisonment on Monday, but since she has already served a third of this time awaiting sentence, Magistrate Andrew Sinclair set her parole release for the same day.
Frescon appeared before Kingaroy Magistrates Court via video call on Monday, entering a plea guilty to a total of seven charges. These included stealing a hire car, obstructing police, possession of a dangerous drug and drug utensils, breach of bail, and dangerous driving while adversely effected by an intoxicating substance.
The Toyota Corolla was stolen from Urangan and driven to Kingaroy-Cooyar Road sometime between April 30 and May 2.
After locating Frescon using the cars in-built GPS tracking, two officers entered a carport at the Kingaroy address. The 31-year-old reversed the stolen car through a closed roller door, narrowly missing an officer.
“The car, whether unintentionally or deliberately, was used as a weapon and the police officer was in danger of being pinned,” Police prosecutor Pepe Gangemi said.
“He had to jump out of the way and onto the back of the vehicle to avoid being pinned as she was attempting to reverse out of the car port, while she was under the influence of a drug.”
For the unlawful use and dangerous operation of the vehicle, Magistrate Sinclair sentenced Frescon to nine months in prison starting July 27. In relation to the breach of bail offence, she has been sentenced to three month imprisonment.
The two sentences are to be served concurrently with one another, making a head sentence of 9 months. Parole release has been set for the same day.
“I’ll set your parole release date as today and declare the 82 days of pre-sentence custody, served between May 6 and July 26, as time already served under this sentence,” Magistrate Sinclair said.
“Effectively you’ve already done three months, and that’s a third of the nine-month head sentence.”
Frescon has also been disqualified from holding or obtaining a drivers license for a period of 12 months in total - nine months for dangerous operation and three months for driving under the influence of drugs.
For stealing fuel from a Caltex at Apple Tree Creek, she has been ordered to pay compensation of $31 to the company via SPER.
For all remaining offences, she has been convicted and not further punished. All convictions have been recorded.
“It’s your choice and nobody else’s if you take drugs, and if you take drugs, the consequences of your actions have to be your consequences,” Magistrate Sinclair said.
“Had you injured him, or heaven forbid killed him, you’d be spending many many years in custody.”
“It is outrageous that police officers be put in harms way simply because they are trying to protect the public from people, such as yourself, who are operating vehicles under the influence.”