Desmond Michael O'Shea was jailed for six months for his ninth alcohol-related driving incident. He crashed into a turning vehicle on Homebush Road.
Desmond Michael O'Shea was jailed for six months for his ninth alcohol-related driving incident. He crashed into a turning vehicle on Homebush Road.

‘Arrogant’ rider jailed over serious crash on rural road

A motorcyclist has been blasted as "arrogant" after he rode dangerously while more than three times the limit and slammed into a turning car on the way home from the pub.

Magistrate Damien Dwyer dealt a scathing review of the 59 year old's conduct on August 21, 2020, which amounted to his ninth drink-driving incident.

Mackay Magistrates Court heard Desmond Michael O'Shea had been drinking at the General Gordon Hotel where, before he left, he put an enhancer into his beer with the intention it would hit him once he arrived home.

He then hopped on his bike and travelled along Homebush Road where he crashed into a turning vehicle while trying to perform an illegal overtake about 7.15pm.

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Now O'Shea will spend time behind bars in a bid to show a "strong deterrence" to him and the community.

The court heard while on Homebush Road he came up behind two vehicles near the turn off to Brieffies Road.

When the vehicle in front of him began slowing, he swerved over a solid white line in an illegal attempt to overtake not knowing the first vehicle was turning and he crashed into the car.

The court heard his blood alcohol reading was 0.155 per cent.

Prosecutor David Epstein said "general and personal deterrence" were factors in the case.

Defence solicitor Aaron Sellentin, of Barron and Allen Lawyers, said his client was injured in the crash and spent three weeks in hospital.

His injuries included breaks to his left foot and left hips, which needed pins and plates inserted, as well as two surgeries to his left hand. He had little memory of the incident.

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The court heard O'Shea was currently unemployed but should be cleared to return to work by late June and he hoped it would be earlier.

Mr Sellentin tendered a reference that spoke highly of his client as an employee and that his employer would have him back as soon as he was cleared to work.

Mr Sellentin added O'Shea was "very sorry", which Mr Dwyer queried considering it was his ninth time in court for an alcohol-related driving offence.

"Was he as upset this time as he was for the last nine times?" Mr Dwyer said.

The court heard his previous readings ranged from 0.05 to 0.21 per cent.

Mr Sellentin said this was far more severe and added his client was aware "he could have killed someone".

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"He said these words, he wished he hadn't woken up," Mr Sellentin said.

On the day of the crash O'Shea's mum, who had been visiting and was receiving cancer treatment, had left to go home and O'Shea had been sad about her departure.

The court heard O'Shea had gone to Lives Lived Well but that he had not sought help until after he was charged, which Mr Dwyer labelled a "knee-jerk reaction".

"There's got to be a strong deterrent aspect to Mr O'Shea," Mr Dwyer said.

"If he wants to continue in this behaviour the courts aren't going to tolerate it and the community isn't going to tolerate it.

"It's the arrogance of his driving … the arrogance of his thinking that is of concern to me."

Mr Dwyer told O'Shea he had an "absolutely appalling" traffic history and that it was an "arrogant effort on your part to take this substance and get on a bike and ride".

"Your riding was arrogant as well," Mr Dwyer said.

O'Shea pleaded guilty to dangerous driving while adversely affected and was jailed for six months to be suspended after serving one month. The remaining term will hang over his head for two years.

He was also disqualified from driving for two years.



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