Dylan Ray Cummins applies for bail after sentence for dangerous driving spree

A revhead motorbike rider who broke down after being jailed for a 200km/h dangerous driving spree past Sunshine Coast pedestrians claims his punishment was “excessive”.

A revhead motorbike rider jailed for a dangerous driving spree that reached speeds of 200km/h past Sunshine Coast pedestrians says his punishment was “excessive” and has asked to be released from prison.

Dylan Ray Cummins, who pleaded guilty to operating a motorbike dangerously at excessive speeds, broke down crying in Maroochydore Magistrates Court on October 19 after he was sentenced to nine months in prison, to be suspended after three months.

Cummins started the appeal process the day after being jailed and applied for bail in the Maroochydore District Court on Wednesday.

During his October 19 sentence the Maroochydore Magistrates Court heard Cummins ran a red light and came within metres of other cars and pedestrians during a 50-minute period where he reached speeds of up to 201km/h while driving on one wheel on the Sunshine Coast Motorway on March 23.

Cummins drove erratically when he did a wheelie on Cotton Tree Esplanade while driving at 78km/h at 5.34pm.

Only minutes later he sped down Mooloolaba Esplanade at 133km/h before passing through 60km/h zoned Alexandra Parade at 109km/h.

The Pacific Paradise resident also accelerated heavily to do another rear wheel stand while travelling at 133km/h on Maroochydore’s Second Ave.

On Wednesday both prosecution and Cummins’ barrister agreed the matter would have been better dealt with as a short appeal, but delays in getting a transcript of the October 19 sentence meant a bail application was required.

Barrister Martin Longhurst told the court the sentence given to the 28-year-old by Magistrate Matthew McLaughlin was “excessive” and he was in danger of spending too much time behind bars while waiting for an appeal.

“It (prison) certainly was a last resort in the current case,” he said.

“He was a man who had never been to jail and hadn’t committed while disqualified, he was a prospect for a sentence that could have been fashioned to give immediate release.”

Mr Longhurst said he would suggest a wholly suspended prison sentence with probation should an appeal be successful.

The barrister also told the court proposed factual errors made by the magistrate during the sentencing would be a second grounds to an appeal, but said there had been delays getting a transcript of the proceedings.

Judge Glen Cash dismissed the bail application saying Cummins had risked his life and the lives of others by the “dangerously reckless behaviour”.

“The offending was very serious over a considerable period of time, albeit in short intervals. The applicant chose to drive his motorcycle in a way that was appallingly dangerous, for example achieving a speed of about 200km/h while doing a wheel stand on Cotton Tree Parade,” he said.

Mr Cash said he didn’t believe there was strong grounds to an appeal without any evidence of the proposed mistakes.

“I’m not persuaded that the magistrate, in requiring the applicant to spend three months in prison, has imposed a sentence that was excessive in the circumstances, nor that there is sufficient merit in the proposed appeal to justify the exceptional step of granting bail,” he said.

The court heard he had a relevant traffic history in Queensland and Victoria

“From this it may be immediately seen the applicant fell to be sentenced for serious offending as a mature man with relevant prior offences,” Mr Cash said.

Crown prosecutor Stripe Drinovac handed up written submissions to Mr Cash.

Mr Longhurst said he would need to discuss whether an appeal would continue with Cummins.

The matter was adjourned to the registry where a decision on the appeal could be made.