Drunk driver Lloyd Dening, of Dee Why, who had disabled child in car avoids jail
A northern beaches man caught driving five times over the legal alcohol limit while he had a disabled boy in the car has been sentenced.
A man caught driving five times over the legal alcohol limit while he had a disabled child in the car, and who has three previous drink drive convictions, has avoided jail.
Lloyd Dening, 55, of Dee Why, who has been a disqualified driver since 1997, had pleaded guilty in Manly Local Court to driving with a blood-alcohol level of 0.252.
A three-year-old boy, with severe autism was in a child safety seat in the rear of the car.
Dening’s driving and criminal record, tendered to court, showed that Dening has been found guilty of previous drink drive offences dating back to November 1981.
He had also been previously charged five times for driving without a licence.
Magistrate Georgina Darcy told Dening, when he appeared in court on Wednesday, that he was sentenced to six months jail, but that the sentence would be served in the community as part of an 18-month Intensive Corrections Order.
Dening was stopped by police after they received a report from a member of the public that he was driving a Mazda 2, while intoxicated, towards Fairlight about 3.30pm on March 2, with an adult female and a boy, who has severe autism, in the back seat.
A police facts sheet tendered to court said officers stopped the car outside the woman’s home in Parkview Rd, Fairlight at 3.45pm.
Dening, the woman and the child had been at a hotel in Dee Why.
When police asked if Dening had a licence he said ‘no’.
Dening was then given a roadside breath test before being taken back to Manly Police Station where he told officers that he had consumed four mid-strength beers since midday.
He pleaded guilty to one count of driving with high-range drink PCA and one count of driving never licensed.
His legal aid solicitor Kerry Johnston told the court that the woman had asked Dening to drive her car back home to Fairlight because she was not feeling well.
“He didn’t think it through,” Ms Johnston said. “He was obviously misguided.
“He was of the belief that the best thing to do is to get his companion home.”
Ms Johnston said Dening sometimes used alcohol to help fight the pain of a knee injury he received when a load of pallets fell from a forklift and crushed his leg.
Ms Darcy said the “facts before the court were quite concerning” and that the safety of the child was put at significant risk.
“What is of most concern is that there is a three-and-a-half-year-old child in the vehicle.”
Ms Darcy also ordered that Dening receive intensive treatment for his alcohol abuse.
Dening was also disqualified from driving for nine months and convicted of driving without a licence.
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