Robert Duca fined over $8k after evading Gladstone police
A Central Queensland man who asked for an $8000-plus fine so he could avoid spending more time in jail has had a “win” - here’s why.
Police & Courts
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Facing the prospect of losing his home if he spent more time in jail, a Central Queensland man asked for an $8000-plus fine instead - and he got what he wanted.
Robert Christian Duca, 46, appeared in custody in Gladstone Magistrates Court where he pleaded guilty to charges including evasion in company, possessing dangerous drugs and failing to properly dispose of a needle.
The court heard that on October 3 last year, police caught Duca with methamphetamine and a needle at Boyne Island.
Then on November 7, Duca was driving in Gladstone when police behind him, activated their lights and sirens.
Police prosecutor Senior Constable Pedau Grabbe said Duca’s vehicle then mounted a concrete island and he “accelerated at speed” along Railway Street on the wrong side of the road towards oncoming vehicles before swerving back to the correct lane.
Snr Const Grabbe said police formed the view that Duca was trying to evade them and they stopped their pursuit.
The court heard Duca had a 14-page criminal history, a nine-page traffic record, and he was on probation at the time of committing the drug offences.
Solicitor Jun Pepito said Duca, a father of two adult children, broke his neck in a 2022 accident and he was on a disability support pension.
Mr Pepito submitted for the $8065 fine for the evasion offence rather than 50 days’ jail as Duca, who’d spent 27 days in pre-sentence custody, was at risk of losing his home if he spent more time in custody.
Magistrate Mary Buchanan questioned whether Duca had the ability to pay a fine of that size, and Duca himself said that he did via his pension.
Ms Buchanan sentenced Duca to six months’ jail, wholly suspended for an operational period of 12 months, with immediate parole and she fined him $300.
The pre-sentence custody was not declared.
In relation to the evasion offence, she fined Duca $8065 and disqualified him from driving for two years.
Convictions were recorded.