Bianca Birks: Cronulla model and mum sentenced for high range drink driving and crash with parked cars

A south Sydney mother blew a reading of more than three times the legal limit after she crashed into parked cars on a Cronulla street. Find out what happened in court.

A Cronulla model and mum has failed in her bid to get a high range drink driving charge dealt with under the Mental Health Act.

Bianca Birks, 43, appeared in Sutherland Local Court on Thursday where she was sentenced after she blew a reading of 0.165 and crashed her car into a parked vehicle in a Cronulla street earlier this year.

She said her anxiety, depression and post traumatic stress disorder contributed to her actions that night of the collision but Magistrate Philip Stewart said the risk was too high to the community to not punish her under criminal law.

Agreed facts tendered to court said Birks, who is signed with Scoop Management, was driving her black Volkswagen east along Waratah Avenue in Cronulla travelling about 50km/h on March 20 about 8.20pm when she crashed into the rear of a navy Mazda CX5 that was parked on the side of the street.

Model Bianca Birks has been sentenced for high range drink driving after she crashed into two parked cars at Cronulla. Picture: Ashleigh Tullis

The force caused the Mazda to roll forward and hit a white RAV4, causing significant damage to Birks’ car, the CX5 and minor dents to the RAV4.

Birks had a male passenger in her car at the time.

Residents came outside after hearing the crash and police were called and arrived a short time later.

Officers noticed Birks’ breath smelt of alcohol and her speech was slurred, the court documents said.

She provided her drivers licence and returned a positive roadside breath test.

Birks was arrested and taken to Sutherland Police Station where she returned a reading of 0.165, which is more than three times the legal limit.

She told officers she had three glasses of Champagne and one beer prior to getting in the car but could not recall when she had her first drink, adding she had nothing to eat, the court documents said.

Birks was charged with high-range drink driving and her licence was suspended.

In court on Thursday, Birks’ lawyer said his client was a model and worked as a social media content creator, and had a tween aged son, when making an application under the Mental Health Act.

He submitted a psychological report which said Birks was suffering from anxiety and depression at the time of the incident.

Bianca Birks left Sutherland Local Court on Thursday after she was sentenced for drink driving. Picture: Ashleigh Tullis

The report said Birks had struggled with mental health issues and so she coped with drinking alcohol on a daily basis to manage her symptoms of stress and anxiety.

The psychologist opined Birks’ mental health symptoms, which also included post traumatic stress disorder, were at play in the lead up to and during the incident and that resulted in her impaired judgement, behaviour and choices.

The lawyer said Birks thought she saw a short-term ex-partner at the venue, Wanda Surf Club, on the night and that triggered her react without thinking and she got in the car and drove off in a panic.

He conceded the reading was high, she had a passenger in the car and a collision occurred, which made the incident more serious.

Magistrate Philip Stewart considered the application for the charge to be dealt with under the Mental Health Act which would mean Birks would have to undertake a treatment plan set out by the psychologist.

He conceded Birks was suffering from mental health issues at the time of the incident but the public interest in her being punished under criminal law was high because she put herself, her passenger and other road users in danger and refused the application.

Magistrate Stewart noted Birks had previously been charged with drink driving offences but not since 2009.

Her lawyer said she earned about $800 a week and was facing repayments for the damage she caused to the cars.

He also noted her car was written off and she would need to buy a new one.

Magistrate Stewart also questioned why she did not take an Uber, which was her original plan, or why the passenger didn’t drive to which the lawyer responded Birks had no answer to and she just wanted to get away from the scene.

Magistrate Stewart took into account that there was a passenger in the car, the danger she caused to other road users despite it only being a short drive, her high reading and the collision but noted she completed the traffic offenders program.

He said if it wasn’t for the impact of her anxiety and depression at the time she would have been sentenced to a period of imprisonment.

Birks was fined $1000 and placed on a community correction order for 15 months where she must comply with the mental health treatment plan.

She was disqualified from driving for six months, backdated to the incident, and must have an interlock device fitted to her for 24 months once she is permitted to drive again.

Editor’s Note: A previous version of this story included allegations about a man known to Ms Birks. The man was wrongly identified, and the St George Shire Standard withdraws any suggestion of wrongdoing by him. The Standard apologises to the man, and Ms Birks for the error.