Nathan Joseph Spicer faces Grafton court, appeals jail-time after repeatedly driving illegally

A Grafton father who repeatedly drove while disqualified and his licence was suspended has avoided jail – despite a magistrate’s best efforts to have him locked up.

Nathan Joseph Spicer faced Grafton court after driving without license, suspended. Picture: Facebook

A Grafton father jailed for repeatedly driving while disqualified and his licence was suspended has successfully appealed his prison sentence.

Nathan Joseph Spicer, 23, pleaded guilty to two counts of driving a motor vehicle while his licence was suspended and two counts of driving during a disqualification period when he faced Grafton Local Court on February 7.

Defence lawyer Joshua Craig told the court the young father had a strong case for needing his licence and to remain in the community.

Magistrate Roger Prowse was unimpressed and told the court Spicer offended while on a conditional release order.

“Are you seriously suggesting the jail threshold hasn’t been crossed? He’s had opportunity after opportunity,” Mr Prowse said.

Spicer came to the attention of police numerous times.

Mr Prowse said it was “realisation day” for Spicer.

The court heard Spicer was caught driving without a license “time and time again” between January and April, 2021 and on one occasion told police “we’re all still alive aren’t we?”.

“Behaviour like that tells me he has complete disregard for the laws,” Mr Prowse said.

Mr Prowse said Spicer was fortunate to have come away only with a conditional release order for prior offending.

“Something powerful must have been put to the court that day,” he said.

The court heard Spicer was “exhibition driving” on one occasion.

Mr Craig said Spicer endured a traumatic background – but Mr Prowse disregarded the submission immediately.

“I can point to eight billion people who have a traumatic background. That excuse doesn’t justify why he continues to flout the law,” he said.

The court heard Spicer was previously sentenced for driving with illicit drugs in his system.

“He thinks he can get away with anything,” Mr Prowse said.

Spicer’s attitude was “slightly more acceptable” than previous occasions when he was apprehended for driving without a licence on May 7 last year, the court heard.

The final straw was when police arrested Spicer, recognising him from previous incidents, on December 2 last year.

Nathan Joseph Spicer successfully appealed his sentence. Picture: Facebook

Mr Prowse said Spicer’s risk of reoffending was dangerously high and there was “no community based options left”

“Community orders are proving as useful as an ashtray on a motorbike,” he said.

Mr Prowse was not pleased with Spicer’s criminal history, despite the court hearing the repeat offender was working to better himself and to be a good father.

“Your actions – opposed to your words – demonstrate you attitudes and disregard for law. If you have no regard for community orders, then nor does the court,” Mr Prowse said.

Mr Prowse said another community order would be an “affront to justice”.

Spicer was sentenced to a 17 month jail term with a nine month non-parole period.

“Take him away, thanks,” Mr Prowse said.

Spicer’s partner appeared distraught while watching from the public gallery.

His time behind bars was short lived, however.

Spicer’s sentence was successfully appealed a week later on February 14 and he was subsequently released from prison.