Drunk driver has suspended sentence extended for second time
A drunk driver who crashed his car causing his passenger to have permanent brain damage has had his suspended sentence extended for the second time.
In 2015 Mitchell Francis Weeks, pleaded guilty to dangerous driving causing grievous bodily harm and was sentenced to three years imprisonment, suspended for four years after serving ten months.
In 2018, Weeks had his suspended sentence extended by a further six months after he was caught with drugs.
On February 19, 2021, Weeks found himself back before the Kingaroy District Court for breaching that suspended sentence again, this time for a stealing charge and contravening an order, which he pleaded guilty to.
The stealing offence was in relation to stealing a car battery.
Crown prosecutor William Slack said it was his submission the judge finds the breach proven.
"Given the nature of the breaching offences in relation to the original offence, it's my submission that it would be unjust to activate the whole of the suspended sentence.
"Given he has already had the benefit of an extension, it's my submission a partial activation of between six and 12 months imprisonment would be approbative,
"It's my submission that immediate release on parole would also be appropriate to assist in his further attempts to rehabilitate," Mr Slack said.
Weeks was represented by Barrister Robert Glenday who said he agrees with Mr Slack's submissions.
"It's a positive report, he has engaged, I spoke to him about those things that haven't been happening and he's on the waiting list, he is waiting for the authorities to contact him, he went to the GP and he was referred, "Mr Glenday said.
"A six to 12 month period would be beneficial considering he has not really started his rehabilitation yet on the probation order or the significant parts of it."
Judge Gary Long S.C said Week's was engaging with his probation order.
"In 2015 you were sentenced in this court for a serious offence and that was reflected in the fact the term of imprisonment imposed was three years which was suspended after ten months for an operation period of four years, however your history in the course o that operational period has been far from being without blemish," Judge Long said.
"What is the particular concern of course is the repletion of offending by you while subject to that court order requiring you not commit offences for which you could be imprisoned.
"The report before the court indicates in a positive sense you have sought to engage with the order although there appears to be a number of difficulties in actually getting you involved in the interventions that are sought for you which may well be related to resourcing issues.
Judge Gary Long S.C said it would be unjust to order Weeks serve the entirety of the suspended imprisonment and ordered him to continue under supervision in the community.
Weeks was ordered to serve ten months of the suspended imprisonment, with an immediate parole release date as of 19 February 2021.