A MOUNT Gambier man who was sentenced to a prison term for dangerous driving on Wednesday was released after the local magistrate decided sufficient time had already been served.
Michael Phillip Goncalves, 30, appeared in the Mount Gambier Magistrates Court to be sentenced for dangerous driving and driving unlicensed.
The prosecution said at around 7.45pm on January 1, a witness was travelling in Penola when they noticed a vehicle travelling around a corner at a significant speed.
The witness told police the defendant was driving so fast, they thought he would roll his car.
After completing the turning manoeuvre, Goncalves swerved onto the wrong side of the road towards oncoming traffic.
A car was forced to drive off the road to the left to avoid a collision.
The witness also had to take evasive action, swerving onto a dirt path on the side of the road.
Magistrate Teresa Anderson said the victim impact statements showed the defendant’s actions were particularly traumatic.
“You put the occupants of the vehicles at serious risk of injury or death,” Magistrate Anderson said.
“The witness who has given evidence fears you may seek retribution for providing information in relation to your offending.”
The defendant said he was grossly intoxicated at the time of the offending, as well as suffering from depression.
Magistrate Anderson said those factors made the offending particularly serious.
She also cited the defendant’s history in Victoria for driving disqualified and drink driving.
Goncalves was sentenced to seven months and nine days imprisonment backdated to January 8.
Magistrate Anderson decided that sufficient time had already been served and suspended the balance of the sentence on him entering a supervised 11-month good behaviour bond.
He was also fined $200 for driving unlicensed and his licence was disqualified for two years.
