REGULAR Warrnambool driving offender Dylan Marshall received a get-out-of-jail card yesterday when his prison sentence was replaced by a fine.
Marshall, 26, of Aitkins Road, pleaded guilty in the Warrnambool Magistrates Court on January 24 to driving while suspended, careless driving and driving an unregistered vehicle.
He was serving a prison sentence at the time.
Marshall was jailed for 120 days, with 104 days suspended and 14 days to serve, in addition to his existing sentence. He was also fined $1000, with $69.70 costs.
Yesterday during an appeal against the severity of the sentence in the Warrnambool County Court, Judge Bill Stuart asked the court "how does that work?".
Judge Stuart said Marshall was sentenced to four months' imprisonment, mostly suspended, for what he termed a "relative trifle".
He said an appeal heard earlier yesterday involved four extraordinarily-dangerous, high-speed chases by Dylan Stone which attracted a shorter jail term on the driving charges.
"How can that be, am I missing something?" Judge Stuart asked.
"I seem to be constantly flummoxed to what has happened in the lower court, this being another instance of it."
Yesterday's appeal related to police catching Marshall riding an unregistered quad bike last year .
Judge Stuart suggested that the magistrate should have handed down a sentence of two weeks' jail, to be served in addition to the sentence Marshall was serving at the time.
He decided that the matters could be dealt by convicting and fining Marshall $1000.