A Lake Illawarra man caught behind the wheel on his way to KFC despite having been banned from driving until 2024 has had his jail sentence reduced on appeal.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Daniel Ilic was sentenced in the Wollongong Local Court last month to a nine-month jail term, with a minimum of four months, after pleading guilty to driving while disqualified.
Ilic returned to court on Friday, this time the Wollongong District Court, in a bid to reduce his sentence on the basis that it was too harsh.
Assisting Ilic, lawyer Matt Kwan told the court that police pulled up the convicted man at random and his driving had not involved any other illegal conduct.
Ilic was caught on the night of March 22 in Mount Warrigal.
"This cannot be seen as the most serious offence of driving whilst disqualified," Mr Kwan said.
Ilic told the court that while the facts of the matter stated he was going to KFC, he had told police on the night that he had had a dispute with his partner and he wanted to leave the home.
"It wasn't just a case of I was anxious and wanted to eat," he said.
Ilic said he understood he had "stuffed up" and he had "really tried to do the right thing" but made a mistake.
Ilic's partner provided a written character reference to the court, which Mr Kwan said affirmed the "strides" Ilic had made to living a law-abiding life.
The Crown prosecutor said Ilic was aware at the time that he was banned from driving, and was also on parole for armed robbery.
She said he had shown poor compliance with court orders in the past.
Judge Julia Baly said the sentencing magistrate started "very high" in determining her sentence and must have started at the maximum sentence of 12 months, given she would have given Ilic a 25 per cent discount for his guilty plea.
Judge Baly said Ilic having been on parole was an aggravating factor and his record was "not good".
But she said the letter from Ilic's partner spoke highly of him and did give her hope.
Judge Baly upheld the appeal and quashed the magistrate's order, although confirmed the driving ban of nine months that Ilic had received.
Instead, Judge Baly sentenced Ilic to a maximum of seven months' imprisonment with a non-parole period of three months.
This means he could be released from prison by mid-August.
We've made it a whole lot easier for you to have your say. Our new comment platform requires only one log-in to access articles and to join the discussion on the Illawarra Mercury website. Find out how to register so you can enjoy civil, friendly and engaging discussions. Sign up for a subscription here.
Natalie Croxon
Reporter at the Illawarra Mercury, mostly covering social affairs. Previously of the Bendigo Advertiser, Northern Daily Leader and Quirindi Advocate. Our Watch award winner.
Reporter at the Illawarra Mercury, mostly covering social affairs. Previously of the Bendigo Advertiser, Northern Daily Leader and Quirindi Advocate. Our Watch award winner.
