James Joseph Moodie, 42, pleaded guilty to unlicensed driving by court order

A repeat offender was told by a Magistrate that he avoided jail by a “hair’s breadth” in Gladstone Magistrates Court on Friday. Find out the facts behind his offending here:

A driving offender was lucky to avoid jail time from a Magistrate, who usually imposes actual time.

James Joseph Moodie, 42, pleaded guilty in Gladstone Magistrates Court on December 10 to unlicensed driving by court order.

Police prosecutor Kelvin Boyd told the court that on September 2, around 9.24am, an off-duty police officer saw a man yelling in Gladstone Street, Mount Larcom.

James Joseph Moodie, 42, pleaded guilty to unlicensed driving by court order on December 10.

The officer looked out of the window of his home and saw James Moodie in the driver’s seat of a Ford Territory.

Moodie was observed driving out of his driveway, onto Gladstone Street, then turning right into Salisbury Street.

Police checks later revealed Moodie was currently unlicensed as he was court disqualified until February 24, 2024.

In September, Moodie was questioned regarding the fact he was seen driving while unlicensed.

Moodie told police he was just helping his father and he had not driven far to do so.

Given the fact Moodie could not provide any lawful or emergency reason for driving, he was issued a notice to appear in Gladstone Magistrates Court.

Magistrate Bevan Manthey said given Moodie’s criminal history, which contained numerous offences of a like nature, he had avoided actual jail time by “a hair’s breadth”.

“After today it will be actual time with your history, the courts have had enough, I have had enough, surely you have had enough of seeing me by now,” Mr Manthey said.

“I went with the penalty I did because you co-operated and ultimately only travelled a short distance down the road at the time of your offending.”

Mr Manthey convicted and sentenced Moodie to four months imprisonment, wholly suspended for two years and disqualified him from driving for two years. Convictions were recorded.