Sharni Lee Garvey tells Noosa Magistrates Court she drank after a Cooroy crash

A magistrate has told a defendant he does not run a “kangaroo court” so could not accept her plea in the Noosa Magistrates Court and risk breaking the law himself.

A magistrate has rejected a defendant’s guilty plea after she claimed she did not drink until after a car crash in Cooroy.

Sharni Lee Garvey, 24, represented herself in the Noosa Magistrates Court on July 5, 2022.

Police prosecutor Sergeant Alison Johnstone said Garvey was charged with drink-driving after a New South Wales-registered car ended up in a ditch on Ferrells Rd in Cooroy.

Sergeant Johnstone said at 12.25am, on June 25, police attended the crash and spoke to the defendant who said she was the driver.

The police prosecutor said Garvey recorded a reading of 0.069 per cent when she was given a breath-alcohol test.

Sharni Lee Garvey at the Noosa Courthouse on July 5, 2022.

The defendant, after pleading guilty, told Magistrate Matthew McLaughlin the road was slim and she veered to let another car go by and said her two left wheels ended up in the ditch.

She said she was with a friend at the time of the crash.

“We’ve hopped out of the car, he’s finished work that day, he had alcohol beverages in his esky,” Garvey said.

“We’ve walked all the way to his house, pretty much all the way there, had a couple of drinks.”

The magistrate asked her if it was her claim she had only consumed alcohol after the crash and she said “yes”.

Magistrate McLaughlin said he would have to reject her guilty plea.

He said there were only two ways for people to be found guilty in court, via a guilty plea or a trial.

The magistrate said there was not a third avenue, where people could plead guilty because it was convenient for them.

“If I punished you for that, I’d be breaking the law myself,” Magistrate McLaughlin said.

“I would be running a kangaroo court because I would be punishing someone who has not been proven guilty.”

The defendant said she lived in New South Wales, was unemployed and could not afford to come back to Queensland for another court appearance.

The magistrate said he could not give her advice and if she was unsure of what she was doing she should get a lawyer.

Magistrate McLaughlin adjourned the matter until September 2 for review and allowed the defendant to attend via phone.