Gosford: Tyson Clarke sentenced for driving tinny with a high range PCA

The drunk skipper who fell overboard in Brisbane Water, sparking a widespread search, has been blasted in court and is teetering on the edge of jail.

The Woy Woy man who drove his runabout tinny drunk and fell overboard in rough seas has been blasted in court.

Tyson Clarke, a repeat marine and drink driving offender, was sentenced to eight months imprisonment at Gosford Local Court on Thursday.

However the sentence was put on hold with Magistrate Michael Antrum ordering a home detention assessment to determine if he serves his sentence at home or in jail.

Mr Clarke, who also goes by the surname Goruken, pleaded guilty to one count of operating a vessel with a high range prescribed concentration of alcohol (PCA) after trying to navigate the Gosford broadwater drunk on the afternoon of February 2.

Tyson Clarke, 26, of Woy Woy, has been sentenced for operating a boat with a high range prescribed concentration of alcohol (PCA). Picture: NewsLocal

Magistrate Antrum blasted the 26-year-old and said “it’s time for prison”, highlighting Clarke’s criminal history including high range PCA convictions in 2014 and 2015 as well as a low range PCA conviction in 2016.

Clarke was convicted of operating a vessel with a mid range PCA in 2018 and again convicted for operating a vessel with a high range PCA in 2019 when he was sentenced to an Intensive Corrections Order (ICO).

“This is serious stakes for you. It’s time for prison, that’s where we are at,” Magistrate Antrum said.

Clarke was holding onto his boat banging into private jetties at Point Clare when he was rescued on February 2.

“People who navigate and operate vessels with high range PCA should go to jail. It may have been the case that few people were put at risk … but your stupid actions, your absolute juvenile conduct resulted in a significant emergency response. You might have thought it was funny at the time but those persons deployed to assist you … they are putting themselves at risk going into those conditions. They have got family and friends and are putting themselves at risk because you decided to get tanked and go for a swim.”

“The cost to the community is also extraordinary.”

An agreed set of facts tendered to the court state that the sea conditions were “dismal” and “choppy” around 4.30pm on February 2 when Clarke decided to navigate Brisbane Water in his small yellow runabout dinghy.

Clarke will serve his sentence in home detention or jail. Picture: NewsLocal

“The accused has claimed to have consumed in excess of two cartons of full strength VB stubbies and had been on a bender since Tuesday, February 1,” the facts stated.

“Based on the above conditions the accused has immediately gotten into trouble resulting in him at some stage falling into the water.”

His actions sparked an extensive response from emergency services including Brisbane Water police officers, Marine Area Command and a Rural Fire Service vessel.

“Police have located the accused adrift in the vicinity of jetties in Point Clare where he was banging into private wharves holding onto his boat,” the facts state.

Clarke was taken back to Woy Woy Police Station where he recorded a blood-alcohol level of 0.168.

“The accused showed no remorse for his actions and is of the belief he can do what he wants,” the facts stated.

Clarke was supported by his partner in court.

Clarke’s Legal-Aid lawyer told the court he had drug and alcohol issues and was a full time carer who was needed at home.

She also pointed out that the boat was low powered and incapable of hitting 10 knots unlike Clarke’s previous PCA offences which were in higher powered boats.

However Magistrate Antrum said the message was not getting across.

“If you are not assessed as suitable (for home detention), you go to jail,” he told Clarke.

“Wake up and smell the coffee, things are getting serious.”

Clarke remains on bail and his matter will return to court on July 7.