Matthew Elliott sentenced in Rockhampton Magistrates Court
A Central Queensland driver has escaped conviction after a “stupid, snap” decision caused another man to run off the road on a motorbike.
Police & Courts
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A court has heard the details of an incident which was described as bordering “road rage” after a motorbike was run off a road, causing it to fishtail.
Matthew James Angus Elliott, 55, pleaded guilty in Rockhampton Magistrates Court on Friday, August 16, to one count of dangerous operation of a vehicle and failing to drive to the left of the two continuous dividing lines.
The court heard Elliott was driving along Boongary Rd in Gracemere on February 24 and the victim was riding a motorbike.
The victim’s wife was driving in a vehicle behind Elliott’s which had front and rear dashcams fitted.
The court heard the victim, and his wife were travelling at about 60km/h when Elliott overtook, with the man making an offensive gesture at Elliott and telling him to pull over.
Elliott got back into the left lane in front of the vehicle, braked and pulled over.
The victim travelled around Elliott with the man trying to address him and making another offensive hand gesture.
Elliott and the man engaged in a “heated verbal exchange” while travelling at about 50-60km/h on Boongary Rd.
Elliott then swerved towards the victim’s motorbike, forcing the man onto the shoulder of the road and the bike to fishtail on the gravel before he regained control.
The court heard the victim then went to police to make a complaint.
Officers spoke with and interviewed Elliott in March where he made admissions and co-operated with police.
Police prosecutor Brendon Selic told the court the matter “bordered on a road rage case”.
Elliott’s lawyer Jodi Brown told the court her client was travelling home at the time.
Ms Brown told the court she was instructed that the victim and his wife were travelling at “inconsistent speeds” and when Elliott went to overtake them, they’d increased their speed.
She told the court Elliott now realised his actions could have created a serious accident.
Ms Brown said Elliott was not affected by drugs or alcohol at the time and pulled over on a side street on his way home to calm down where he quickly “came to his senses” after the “snap”.
Magistrate Cameron Press took into account Elliott’s plea of guilty when considering his sentence.
Mr Press also took into account Elliott’s lack of criminal history and “reasonable” traffic history.
He warned Elliott of the dangers that could come with driving on the road in a dangerous manner.
“It was indeed a very stupid move on your behalf sir...you could have destroyed your life and his life and that of the families of both of you,” he said.
“Vehicles are like a weapon, they’re like a bullet. They simply kill, it’s because of their speed and weight. You need to be aware of that.”
Mr Press also accepted the incident was “out of character” for Elliott.
Elliott was placed on probation for 12 months and was disqualified from driving for eight months.
He was also fined $290.
A criminal conviction was not recorded.