GETTING TREATMENT: Shaye Henry, 19, waits outside Gladstone Courthouse earlier this year.
GETTING TREATMENT: Shaye Henry, 19, waits outside Gladstone Courthouse earlier this year. Ross Irby

Medical earns driver freedom

LEARNER driver Shaye Mitchell Henry was behind the wheel of a stolen Toyota Camry when it crashed up an embankment at Riverstone Rise.

The crash through timber bollards ended 20m off the road and came 90 minutes after the car was stolen from Boyne Island.

Police did sight the stolen car minutes before but were unable to intercept because of the high speed.

Witnesses at the crash scene at 10pm on October 9 last year told police they saw a man running away.

In another incident, Henry's bad behaviour when drunk toward medical staff at Gladstone Hospital was also disclosed in Gladstone Magistrates Court.

However, defence lawyers put to magistrate Penelope Hay that Henry had since been diagnosed with a medical condition that was the likely cause of his offending. And now that he was being treated he was less likely to offend.

In evidence put by prosecutor Gavin Reece, police say another man stole the car but Henry was driving at the time it crashed.

Henry, 19, pleaded guilty to unlawful use of a car at Boyne Island on October 9; not having proper control of his vehicle; Learner driver not complying with regulations; and not having L-plates displayed.

He also pleaded guilty to a charge of obstructing police at 11pm on October 30 when he rode his bike between officers and some juveniles they were speaking too.

Henry had stopped after first riding past then told police he knew his rights and they should "f*** off".

With his face just centimetres from an officer's, he continued to yell and was arrested.

Henry pleaded guilty to a charge of causing public nuisance on the Dawson Highway at 9pm on November 1 when police were called about a man walking amongst traffic in front of vehicles.

He also pleaded guilty to obstructing police while adversely affected by an intoxicating substance that same night.

Police said Henry was grossly intoxicated with bloodshot eyes and unable to hold himself upright when they arrested him.

Taking him to Gladstone Base Hospital, Henry was irate and aggressive toward staff and doctors, swearing at them to "f*** off you stupid c***s" while they tried to help him.

While Henry swore loudly, a mother in a hospital bed had to cover her child's ears.

Because of his aggression, staff were unable to treat Henry.

When arrested, police say he dropped all his weight onto the ground, laying on the floor and refusing to get up.

Defence lawyer Jun Pepito said his medical diagnosis was now subject to a treatment regime.

"He now looks totally different. So the medication is having good effect," he said.

"He hopes to put all this behind him."

In her decision, Ms Hay gave strong consideration of the health diagnosis as an underlying cause of his behaviour, saying was Henry still young and compliant with a previous probation order.

"Doctors say the risk you pose have gone away as you are appropriately medicated."

Henry received sentences totaling four months of jail, suspended for two years.

He must complete 100 hours of unpaid community service work.


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