“I would send you to jail for this offence if I could,” magistrate Terry Lucas told Field.

“This is one of the most stupid acts I have seen since my time here at court,” Mr Lucas said.

The court heard Field, 25, who is on a disability pension and lives at the Carrington Hotel, has failed his driver’s licence several times.

The 12-year-old child told police her mother told her to get into the vehicle to drive up the mountain late at night on April 3 and when it was time to drive back down it was Field and her mother who told her to get into the boot.

“I was really scared in the boot as I couldn’t see and there wasn’t much space or air to breathe.

“I didn’t want to argue with mum and David so I got in the boot but I was frightened when we crashed, I didn’t know what was going to happen.”

In facts tendered to the court police say the child’s mother and Field were drinking for several hours before the woman said she wanted to go up to the top of Mount Canobolas.

Through his solicitor Rebecca McIlveen the court heard Field thought he was doing the right thing to drive as the child’s mother who owned the vehicle was too drunk.

She also told the court her client has disassociated himself with the women and the other people in the vehicle since the incident.

The court was also told the woman didn’t realise Field didn’t have a licence when she agreed to let him drive the vehicle.

On the way down back down the mountain while the vehicle was travelling at 60km/h Field told police the child’s mother reached across and grabbed him in the crotch, causing him to crash the vehicle into a side railing on Canobolas Road causing major damage to the vehicle which had to be towed.

Field was fined $1000 for driving with a person in the boot, $600 for driving without a licence and another $600 for negligent driving.