Bundaberg FIFO worker Geoffrey Swain gets suspended sentence for DUI
A Bundaberg FIFO worker has avoided jail for a drink-driving crash despite blowing 0.217, more than four times the legal limit.
Despite causing an accident while drink-driving, a Bundaberg man was shown leniency by a magistrate in Bundaberg Magistrates Court on Monday.
Geoffrey John Swain, a fly-in, fly-out worker, pleaded guilty to two charges on November 10, including one count of driving under the influence and one count of failing to comply with the duties required of a driver involved in a crash.
Prosecution told the court Swain, 37 at the time, was driving a car intoxicated and returned a 0.217 blood-alcohol reading on Johnston St, Bundaberg on December 18, 2024 when he hit a truck and failed to stop to exchange the necessary details.
Magistrate John McInnes interrupted, noting “the evidence seems to be the truck driver kept going”.
However, police prosecutor Vicki Kennedy-Grills said Swain’s history was against him and submitted a term of imprisonment would be in range for his offences.
Mr McInnes read aloud some of the previous breathalyser readings the defendant had returned, noting his traffic history dated back to 2006.
“Your readings are trending upwards through the years,” he said.
“I do think your history is an aggravating history.”
Defence solicitor Matt Messenger told the court Swain lived with his partner, a clinical nurse, in a blended-family situation and worked as a FIFO boilermaker to pay the mortgage.
He pleaded with the magistrate, describing his client’s behaviour as “a bit of an odd thing” given his professional working environment and recalled some past traumas Swain had endured, including being beaten with a baseball bat which resulted in head injuries and broken legs.
“He’s had a lot of very stressful matters in his life,” he said.
“He makes poor choices when alcohol’s involved.”
Mr McInnes made reference to results of a psychological report defence had ordered, where Swain was diagnosed with alcohol, personality and depression disorder.
“Alcohol use disorder is obvious on your record,” he said.
“The choice to drink is one you’ve got to work with.
“It’s up to you what you do with your issues.
“You’re someone who shouldn’t drink.”
Mr McInnes acknowledged the ongoing trauma Swain had from being a victim of crime, his highly responsible employment and the role he played in caring and assisting for his and his partner’s children when it came to sentencing him in the courtroom.
For the charge of driving under the influence, he was sentenced to five months’ imprisonment, suspended for a period of 15 months.
He was convicted but not further punished for his offence of failing to comply with the duties of a driver involved in a crash, with the magistrate pointing out the truck driver didn’t appear to stick around after the accident.
“You still have to stop and see if they come back,” he said.
He was also disqualified from driving for two years.
