A Lake Illawarra man has lodged an appeal against the prison sentence he received after his fifth conviction for driving while disqualified yesterday.
Muhammed Basgol, 42, was slapped with the maximum 12-month prison sentence in Albion Park Local Court after police discovered him behind the wheel in July this year.
Basgol was seen to exit a drive-through bottle shop at Oak Flats at 11.15am on July 10, prompting officers to pull him over moments later on Lake Entrance Road for a breath test.
The result came back negative but when officers asked him to produce his licence, he told them he did not have it and believed it was currently suspended.
Police checks confirmed Basgol’s licence had been disqualified in September 2011 for two years.
When questioned about the matter, Basgol said to police, ‘‘that [driving] was a silly thing to do, I only had a few months to go but I had to take the kids home’’.
Basgol was sentenced to a minimum nine months’ behind bars, prompting him to lodge a severity appeal.
He was transferred from Albion Park courthouse to Wollongong Local Court in order to make a bail application yesterday afternoon.
Magistrate Michael Stoddart presided over the application, in which it was revealed Basgol had an extensive history of traffic infringements, as well as criminal matters on his record.
Police prosecutor Sergeant Paul Bush did not oppose Basgol’s release on bail, but asked for strict conditions to be imposed, including that he not occupy the driver’s seat of any vehicle at any time while awaiting his appeal.
Magistrate Stoddart agreed to grant bail, but not before he blasted Basgol over his ‘‘dreadful’’ record, noting it included four prior drink-driving matters as well as the five occasions of driving without a licence.
As part of his conditional release on bail, Basgol will be required to report to police twice a week and refrain from any form of driving.
An ‘‘acceptable person’’ will also be required to lodge a $500 payment in order to ensure Basgol turns up when his appeal is heard.