The Chronicle

Time in jail for drunk to dry out before Christmas

- PETER HARDWICK peter.hardwick@thechronic­le.com.au

DRUNKEN behaviour and a history of offending has put a 44-year-old man behind bars.

However, Damien James Butler will be out in time to celebrate Christmas with his partner and four children after Magistrate Viviana Keegan ordered he be released on parole on December 21.

Butler pleaded guilty to eight charges arising from two separate incidents earlier this year when he had been drinking alcohol.

On April 27 he had been caught on CCTV camera stealing meat and seafood products which he stuffed down the front of his pants in Coles Northpoint, police prosecutor Julia Wheaton told Toowoomba Magistrate­s Court.

Challenged by staff, the 44year-old handed over the goods but then threatened to harm the staff.

Later that day police were called to McDonald’s Margaret St on complaint a drunken Butler was in the children’s play area chasing kids around, Senior Constable Wheaton said.

When located by police, he was found to have a fold-up knife in his pocket and a breath test at the watch house returned a breath/alcohol reading of 0.306, she said.

About 12.30pm, May 23, police on patrol had seen Butler driving on York St, Oakey, and activated lights and siren to pull him over.

However, police lost sight of the car and when they soon after came across the vehicle it was being driven by a woman with Butler a passenger.

Although initially denying he had been driving, Butler admitted to have earlier been driving the car and drinking a beer at the same time.

He blew a breath/alcohol reading of 0.044 and checks found his driver’s licence had been disqualifi­ed for a previous high-range drink-driving offence, the court heard.

His solicitor Andrew Anderson told the court his client had been going through a rough period at the time after the break-down of his marriage but the couple were back together again.

His client had a house and job waiting for him in Dulacca, he said.

Magistrate Viviana Keegan noted Butler had five previous offences of disqualifi­ed driving.

Ms Keegan sentenced Butler to six months in jail but ordered he be released on parole on December 21 and disqualifi­ed him from driving for 33 months.

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