No jail due to lax law for drug driver caught with ice and cannabis three times in three months
A Frankston man caught driving three times in three months high on ice and cannabis has avoided a jail term, with the angry magistrate hitting out at Australia’s too-lax drug penalties.
South East
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A magistrate has blasted the “ridiculous” penalties available for dealing with the “avalanche” of dangerous drugged-up drivers on our roads.
During a court case yesterday, Magistrate Rodney Crisp said he would jail them — if he could.
But as the law stands ice-fuelled drivers can only be fined and banned, not imprisoned, even after being caught multiple times.
Mr Crisp said the courts have to deal with an avalanche of drug-fuelled driving but the penalties didn’t address the “pressing problem” the community has with ice users.
“This country is awash with it, there is a very high uptake of ice here,” Mr Crisp said.
“Australia is a regarded as a dumping ground for this downbeat drug.”
At Frankston Magistrates’ Court Allan Hepburn pleaded guilty to driving three times in three months while off his face on both ice and cannabis.
The unemployed Frankston 35-year-old already had two other drug-drive priors and a past drink-driving crime on his rap sheet.
Under the current law the maximum penalty that can be imposed is a fine of around $20,000 and a minimum two-year ban.
Yet a three-time drink-driver would face a jail term.
The court heard Hepburn was seen by police driving at 2.46am on August 27 last year in Skye.
He was pulled over for a random check and tested positive for both ice and cannabis, saying he had taken cannabis a couple of weeks ago and was on his way to Maccas.
Three weeks later, on September 18, he was caught again driving with ice and cannabis in his system, this time at 2pm in the afternoon in Frankston North.
And the trifecta was complete when he was nabbed at 2.55am on October 14 in Frankston, once more with both types of drugs on board.
He said he had taken “five drags of a joint last weekend” but was unaware ice was in his system.
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His defence lawyer said Hepburn had “got into ice last year and went nuts on it for six months” and he accepted jail would have been within range if it was an option.
He said his client was now clean and would face the wrath of his mother, who was sitting in court, if he ever tested positive for drugs again.
Mr Crisp said Hepburn “who must have been uncomfortable behind the wheel while full of drugs”, will lose his licence for a long time to protect the community.
Unlike drug driving, unlicensed driving carries a jail term.
He was convicted and fined $2000, and disqualified from driving for four years.