By Cam Lucadou-Wells
A serial drug-driver has had his sentencing deferred due to drinking during a court’s lunch break.
Bryce Christopher Lovatt, 29, had pleaded guilty to multiple drug-driving and driving without an interlock offences within two months at Dandenong Magistrates’ Court on 14 May.
Magistrate Jack Vandersteen told Lovatt he would be likely to be jailed that day before standing down the case until that afternoon.
On Lovatt’s return after lunch, the court heard that he reportedly told Corrections Victoria staff he’d had “a couple of drinks” in the lunch interval.
Defence lawyer Lachlan Hocking told the court it was a single drink, though it “wasn’t a great look”.
“It’s in the circumstances of someone knowing they’re going into custody.”
Mr Vandersteen said he was “not comfortable” dealing with an accused that had been drinking.
“It would be inappropriate to sentence him today.
“He’ll be sober on Friday and I’ll deal with him then.”
Lovatt’s offences included dropping a burnout in a Commodore on an EastLink off-ramp in Ringwood on 18 August 2016.
When intercepted by police, he tested positive to methamphetamine, admitting he smoked ‘ice’ the night before.
He was also charged four times with drug-driving and driving without an interlock between 29 August and 11 October in Melbourne’s inner suburbs and Cranbourne West.
Lovatt pleaded guilty to family-violence related threats to kill and choking his victim with his hands around her throat, as well as driving while suspended and refusing a breath-test.
In submitting for a CCO sentence, his lawyer Mr Hocking told the court that Lovatt had not re-offended for more than a year since the incidents.
The accused last used methamphetamine a month ago but “he says it’s under control”, Mr Hocking said.
Lovatt offended after being put on a community corrections order in late 2016.
According to a Corrections Victoria report, his attendance for appointments and community work was “sporadic”.
Mr Hocking argued Lovatt’s public-transport commute from his Mitcham home to perform community work in Somerville made compliance difficult.
Magistrate Jack Vandersteen said he wouldn’t put Lovatt straight back on a CCO on which he’d re-offended and not complied with.
Mr Vandersteen indicated he’d hand down a combined sentence of jail of “12 months or less” followed by a CCO.
Lovatt was remanded in custody for sentencing at Dandenong Magistrates’ Court on 18 May.
