A WOMAN who drove while disqualified five times within four months, twice on the same day and within 25 minutes, was sent to jail for one year by magistrate Terry Lucas.
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Marlina Kelly and her family burst into tears upon hearing the sentence on Thursday in Orange Local Court and immediately lodged an appeal against its severity.
However she was refused bail, on Friday, by Mr Lucas and will remain behind bars until the appeal is heard in Orange District Court in November.
Her solicitor Gerry Stapleton argued against jail time for the 30-year-old but when she committed the offences she was already on a suspended jail sentence.
When a person commits a crime while on a suspended jail sentence, the person must then serve the full sentence behind bars unless the crime is trivial or there is “other good reason” against it.
Mr Stapleton said the Amaroo Crescent woman had a “tragic background” and had suffered at the hands of others.
“Her intimate relationship was marred by substantial abuse and domestic violence,” he said.
The car she used to commit the crimes was towed and destroyed after it fell into a state of disrepair so the chances of her re-offending were reduced, he said.
At the time of the latest offences she had felt pressured by “male acquaintances” to give them a lift, he said.
“She appears to have been impressionable and subject to male dominated persuasion,” Mr Stapleton said.
Upon arrest for the fifth offence on February 11, Kelly spent three and a half weeks in prison but was released and bailed to live with her mother.
Mr Lucas said there was little he could do given she was on a bond at the time of the “second lot” of drive while disqualified charges and her attendance at the Magistrates Early Referral Into Treatment program had “not been the best”.
He sentenced her to 12 months in prison, with a non-parole period of nine months and fined her $800 for the first offence.