A disqualified driver who caused a three car crash when he failed to give way to oncoming traffic was lambasted by a frustrated magistrate when he faced Orange Local Court.
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Cody Robert Schulz, 27, of Larela Circuit, was charged with making a right turn onto Nile Street without giving way and for driving despite his licence being disqualified until September 2025.
Magistrate David Day said Schulz had been jailed for driving while disqualified in the past but under sentencing law he was hamstrung when it came to a penalty that could be handed out.
"This is your ninth drive-while-disqualified offence," Mr Day said raising his voice at Schulz.
"You are a danger to the public.
"From what I can see you have never had a licence.
"You think you've got the skill and the capacity to drive two tonnes of metal, rubber and plastic ... your driving record indicates you don't have the skill and here you are standing here as bold as brass knowing full well I cannot jail you when I would if I could."
The crash took place when Schulz was driving east on Byng Street at 7.05am on November 16 and slowed down to about 10 km/h and attempted to turn right onto Nile Street.
However, he failed to give way to a vehicle travelling in the opposite direction and it hit the passenger side of his car causing him to crash into another vehicle that was stopped at a stop sign at the Nile Street intersection.
Police attended the crash and Schulz told them he was driving because everyone in his house was asleep and he wanted to go out to get coffee.
Here you are standing here as bold as brass knowing full well I cannot jail you when I would if I could.
- Magistrate David Day
Solicitor Andrew Rolfe said Schulz had been in custody almost consistently since 2015.
"What I'm asking you to do is to take a step back and look at his history and look at his age," Mr Rolfe said.
"If Mr Schulz goes into custody he will have significant difficulties reintegrating back into the community.
"He's still a young man. He accepts that he's absolutely done the wrong thing by getting behind the wheel of a car and he's pleaded guilty at the first available opportunity."
Under section 58 of the Crimes (Sentencing Procedure) Act a local court cannot impose a new sentence of imprisonment on someone if they are already serving a consecutive term of imprisonment of five years or more or if the new sentence would push the time frame beyond five years.
As a result Mr Day said his hands were tied and he could not give Schulz another jail sentence at the moment.
"He's got six years, I cannot do anything other than get my feather duster out and say 'don't do anything more, don't get into trouble'," Mr Day said.
"Section 58 is a section on the sentencing length that is in [urgent] need of law reform, I say that to anyone."
He said the provision might have made sense many years ago but not any more.
"We've got these highly qualified, highly experienced magistrates."
Mr Day convicted Schulz without further penalty for failing to give way and he also gave him a three year Community Correction Order and 200 hours of community service for driving while his licence was disqualified.
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