A motorbike rider who was injured and taken to hospital after being hit by a car has been sentenced to full-time jail.
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Justin Lee Chatfield, of South Terrace, was handcuffed in Orange Local Court on Wednesday, November 8 when he was sentenced for driving while disqualified.
The court was also informed Chatfield is disqualified from driving until 2063.
Magistrate David Day said the incident on the motorbike was 42-year-old Chatfield's eighth driving-while-disqualified offence.
"The biggest problem here is he's never had a licence," Mr Day said.
"There is a distinction in my mind to people who have had a licence and are disqualified to people who have never had a licence.
"No one knows if Mr Chatfield know the road rules, no one knows if Mr Chatfield is physically capable of driving a motor vehicle.
"This time he was injured, in future who knows who could be injured.
"He went riding at night without a headlight, he was struck by a car because the [driver] couldn't see him."
The offence
The court was told Chatfield was riding an unregistered and uninsured motorbike without a headlight at 7.35pm in Orange on April 30.
He rode north on Lone Pine Avenue but as he approached the intersection of Sir Neville Howse Place he collided with a southbound vehicle that was attempting to turn into Sir Neville Howse Place.
The driver of the other vehicle told the police they didn't see Chatfield because he didn't have any lights on and it was dark.
Chatfield was thrown 10 metres from the motorbike.
He was wearing a helmet but it came off during the crash.
Rider injured
Police attended at 7.45pm and helped Chatfield until paramedics arrived and took Chatfield to Orange Hospital for treatment.
The police also spoke with the other driver and a number of witnesses at the scene.
Both driver's tested negative to alcohol and Chatfield was the only person injured in the crash.
Police interviewed Chatfield about the crash at his home on June 24, 2023.
He admitted to riding the unregistered motorbike on Lone Pine Avenue and told the police he was using a torch for a headlight.
However, the police did not find a torch at the scene and no other witnesses confirmed he was using a torch.
Solicitor's argument
Solicitor Pravinda Pahalawela said Chatfield pleaded guilty at the earliest opportunity.
"He was injured in a collision and was taken to hospital, there was extra curial punishment over that offence," he said referring to the motorbike crash.
"The injuries he suffered impact is ability to be financially stable.
"It's fortunate that no one else was injured."
He conceded Chatfield's recorded wouldn't help him but said there was an eight-year gap in his offending, with the last offence in 2015.
'When it came to taking part in the Traffic Offenders' Intervention Program, Mr Pahalawela said "Mr Chatfield hasn't got around to it yet".
He also said Chatfield was still subject to a Habitual Offenders Declaration, which increased his driving disqualification period and he will be able to "make efforts to reverse" that declaration and get his licence back.
The sentence
Mr Day said the court had no confidence that Chatfield will stop driving.
"The offending is aggravated by his offending in general, his traffic record is appalling," Mr Day said when he began sentencing Chatfield.
"He's entitled to no leniency not withstanding the plea of guilt."
Mr Day disqualified Chatfield from driving for an additional six months for driving while disqualified and he gave him an eight-month full-time jail sentence with a six-month non-parole period for driving while disqualified.
Mr Day also convicted Chatfield for using an unregistered motor vehicle, driving an uninsured motor vehicle, and not complying with headlights. No other penalty was imposed for those offences.
Chatfield was handcuffed in the courtroom and taken to the courthouse cells.
However, he was released on bail later that same afternoon after lodging a sentence severity appeal with the district court.
Chatfield was ordered not to occupy the driver's seat of a motor vehicle while on bail.
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