
A motorist who drove on drugs, at dangerous speeds and without a licence has failed to have his jail sentence slashed on appeal.
James Elliot, 26, was last month jailed for six months after pleading guilty in Warrnambool Magistrates Court to serious driving offences, including reckless conduct endangering persons and driving while disqualified.
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Elliot, who has already served 22 days of that sentence, appealed against the severity of the jail term in Warrnambool County Court on Wednesday.
Lawyer Ian Pugh told the court the sentencing magistrate failed to give appropriate weight to Elliot's personal circumstances and "importantly to rehabilitation and other possible sentencing options".
The court heard Elliot was observed by police driving a Holden Commodore with false registration plates attached on January 1, 2019.
Driving north on Colac's Scott Street, Elliot ignored a stop sign before entering the Princes Highway and accelerated to 100km/h - double the speed limit.
He was observed weaving in and out of traffic in an erratic manner while continuing to speed, the court was told.
Elliot then suddenly slowed, pulled to the left side of the road and exited his vehicle in a hysterical state, yelling and waving his arms in the air.
The unmarked police vehicle pulled him over and the driver's behaviour deescalated.
He was arrested and conveyed to Colac police station.
Elliot was unlicensed. His vehicle was impounded.
Then on July 17, 2020, he was caught driving disqualified on the Great Ocean Road at Mepunga East and with false registration plates attached.
He tested positive to methamphetamine.
Elliot was also caught driving his partner's vehicle unlicensed in Killarney.
He then failed to appear in court on three occasions and was subsequently arrested.
On Wednesday Mr Pugh urged the court to re-sentence the man to a community correction order and the 22 days he had already served in custody.
Referring to a clinical psychologist report, he said Elliot had learning difficulties and a low level of intellectual functioning which he said led to an inability to comprehend "aspects of what a court requires".
He said those factors contributed to the serious driving offences.
But Judge Georgiou said he didn't accept there was any evidence to show Elliot didn't understand his obligations as a driver.
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He said the man had previously managed a successful business that involved him exporting vehicles overseas.
The court heard Elliot had a history of non-compliance with court orders, including 10 priors for driving disqualified or suspended.
Judge Georgiou said a community correction order wouldn't meet all of the sentencing objectives.
He said he gave careful consideration to whether or not he should impose a longer term of imprisonment than that received in the magistrates court.
He imposed the same six-month jail term and Elliot was taken back into custody.
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