David Warwick Morieson: Sydney lawyer’s mental health defence for driving 12 times while disqualified
A cash-strapped solicitor was able to practice law but couldn’t stop himself driving a dozen times after he was banned from getting behind the wheel until 2027, a court has heard.
Central Coast
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A cash-strapped solicitor applied to have a dozen driving while disqualified charges dropped under mental health provisions because he copped too many concussions as a rugby player, a court has heard.
David Warwick Morieson, 52, of Beecroft, faced Gosford Local Court last week where his lawyer applied for a further adjournment for his client to obtain a psychiatric report to support a mental health application.
He said Morieson was a “professional rugby player” before becoming a solicitor and had suffered a “series of concussions”
Morieson’s lawyer said he was also experiencing “severe financial hardship”, which had forced him to sell his family home and was part of the reason he kept driving in order to work.
Magistrate Elizabeth Ellis said there was already a sentence assessment report on file and questioned whether Morieson would have to be deceased in order to get an accurate diagnosis that head injuries had contributed to his mental state.
Currently diagnosis of chronic traumatic encephalopathy (CTE) can only occur after a patient has died.
Ms Ellis said in any event Morieson faced an “uphill battle” to have the charges dismissed under mental health provisions given “the sheer weight of the criminal behaviour”.
Court documents state Morieson was first disqualified from driving for five years in November 2022 after pleading guilty to mid-range drink-driving in Castlereagh Local Court.
He was pulled over on the M1 at Somersby on February 8 last year in his silver Mercedes Benz CLS250 and told police he was suspended.
They booked him for driving while disqualified and ordered him to leave his car in the nearby commuter car park off Kangoo Rd.
Fifteen minutes later police booked him again after watching him pull out of the car park.
When stopped a second time he told police “there was no spots” but officers drove through the car park and saw plenty of available parking.
While waiting to face court on those charges he was stopped at Edgecliff on April 26 after failing to stop at an orange light.
An agreed set of facts state after that incident, police established Strike Force Puma to investigate his “habitual driving while disqualified”.
A month later he faced Gosford Local Court on May 30 where he was put on a two-year community correction order (CCO) with 100 hours of community service work.
Meanwhile, investigators caught Morieson on CCTV driving in and out of a Wilson Parking Station near his Dee Why law firm 10 times between May 1 and June 13.
Morieson pleaded guilty to those charges as well as breaching his CCO by continuing to drive and failing to turn up for his community service work on six occasions.
Magistrate Ellis adjourned his case until February 20.