A magistrate has put off sentencing a Capel man who was caught for a fifth time both driving without a licence and with a blood alcohol level in excess of 0.05.
While Matthew Brian Collier’s lawyer argued that his client’s offending had not “reached a point” of imprisonment, Magistrate David Maclean responded that Collier’s “calendar” of criminal history and his “stupid conduct” put him at risk of jail time.
Collier, 45, appeared in Bunbury Magistrates Court on Thursday when he pleaded guilty to a string of charges, including driving with a blood alcohol content exceeding 0.05, having no authority to drive and towing an unlicensed trailer on a road.
Collier was stopped by police on Capel Drive in Capel about 5.50pm on May 13.
Police discovered the dual axle trailer he was towing had not been registered since 2011 and his driver’s licence was under court suspension until August next year while Collier also recorded a blood alcohol reading of 0.059.
In what was described by Magistrate Maclean as “calculated and deliberate”, Collier gave police a fake name and told them the trailer belonged to his boss, despite Collier having his own business.
Collier had also put false plates on the trailer.
He also pleaded guilty to providing false or misleading information and personal details and towing a vehicle with a false plate.
In court, it was revealed Collier had been handed down a suspended jail term in February after he indecently assaulted a woman at an event in Busselton by smacking her on the buttocks with a frying pan before groping her.
After defence lawyer Mark Andrews argued the incident was a “completely different genre” that it would be unjust to trigger the suspended jail time, Magistrate Maclean responded that the sentence could have been viewed as “very soft” and playing down the incident “misses the point”.
Magistrate Maclean adjourned sentencing for a pre-sentence order report.