A MORTLAKE man who moved his car outside the Warrnambool courthouse despite being a suspended driver will appeal a 106-day jail sentence.
Simon Kenneth Pimblett-Lawn, 24, of Hyland Street, pleaded guilty in Warrnambool Magistrates Court to driving while suspended, which breached a previous 76-day suspended jail sentence.
Police said Pimblett-Lawn was seen driving west along Koroit Street in Warrnambool on June 22 at 11.13am with two young children in the back seat. He admitted his licence was suspended due to demerit points from March 17 for six months, which a police check confirmed.
Defence counsel Xavier Farrelly conceded his client’s prior criminal record was “not terrific” and this was his third offence of driving while suspended. But he said there were a number of factors which in combination could make up exceptional circumstances which would allow Pimblett-Lawn to avoid serving his previously suspended 76-day sentence.
He said the defendant was only 22 years old, now employed on a sheep farm and had matured due to looking after a young family.
Mr Farrelly said Pimblett-Lawn had been at court on June 22 with his partner, who was applying to have an intervention order put in place.
He said it was a cold, wet day and Pimblett-Lawn had been going to and from his car to feed and change the nappies of his two young children before deciding to move the car from Henna Street closer to the court.
Magistrate Jonathan Klestadt said the court needed to demonstrate to the community that if anyone lost their licence the consequences were serious.
He said there were no exceptional circumstances and the previously suspended sentence had to be imposed.
Pimblett-Lawn was convicted and imprisoned for four months, with one month to serve immediately and three months suspended for two years.
The suspended sentence was also reactivated, meaning a total jail term of 106 days.
He appealed against the severity of the sentence and was granted bail until the appeal can be heard in the Warrnambool County Court.