A disqualified driver who ended up in a weeks-long coma after he crashed a motorbike at Oak Flats has avoided time behind bars.
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Peter Penman, 42, was sentenced at Wollongong Local Court on Tuesday for offences that were largely related to last October's driving and subsequent crash.
Police spotted the Albion Park Rail resident on an unregistered KTM motorcycle on the afternoon of Monday, October 11 and tried to pull him over because of the nature of his driving, but he failed to stop.
He rode from Lake Entrance Road onto Hopetoun Street before accelerating harshly towards the roundabout at the intersection of Central Avenue.
Penman hit the kerb on the far side of the roundabout and was thrown 10 to 15 metres, landing on a driveway.
He was flown to St George Hospital and his lawyer Emel Ozer told the court Penman was in a coma for three weeks and remained in hospital for "quite a few months".
The motorcycle's registration plates were false and its actual registration had expired almost six months prior; it also had no third-party insurance.
When police spoke to him in February, he admitted to knowing the bike's registration plate was fake and that he was banned from driving, but said he did not know police had tried to pull him over before the crash.
Penman was again caught driving disqualified this May, and in March he was found with a folding knife in public.
Penman pleaded guilty this year to negligent driving, using an unregistered vehicle, using an uninsured vehicle, using a vehicle without a number plate, two counts of driving while disqualified, and custody of a knife in a public place.
His lawyer Emel Ozer told the court that Penman did not remember anything from the crash and he still struggled to walk as a result.
She said Penman had a history of drug use that dated back to his teenage years, when a neighbour introduced him to heroin.
The court heard Penman had been diagnosed with depression and anxiety, was attending a rehabilitation program twice a week, and had the support of his mother.
Ms Ozer acknowledged the matter was "very serious" and it had crossed the threshold where only a sentence of imprisonment was appropriate, but she submitted that Penman could serve this in the community through an intensive corrections order.
Police prosecutor Sergeant Chris Manning said such an order was not appropriate and Penman's prospects of rehabilitation had to be considered as "incredibly guarded".
He raised the issue of community protection.
Magistrate Claire Girotto sentenced Penman to a 10-month intensive corrections order but warned him he would be locked up if he breached it.
She also imposed 150 hours of community service, a two-year community corrections order and $750 in fines.
Penman is again banned from driving for a year.
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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.
