Public nuisance leads to parole
COMMITTING a public nuisance offence just two weeks into a suspended sentence resulted in a term of imprisonment and immediate parole for a 29year-old Proserpine man.
Andrew Draper Doyle initially appeared in the Proserpine Magistrate’s Court on January 5 when he was placed on a suspended sentence following an alcohol-fuelled violent incident at an Airlie Beach bar in November 2014.
In sentencing him to the threemonth prison term, wholly and immediately suspended for nine months, magistrate Haydn Stjernqvist warned Doyle to “in the next nine months, every time you have a drink, just think about that”.
Just 18 days later, at 11pm on January 23, police received a 000 call about an incident involving a man and woman in the area around Chapman and Marathon streets.
Shortly after the incident was reported, Doyle was found on Chapman Street in what police described as a highly intoxicated state.
When asked about his involvement in the disturbance he allegedly accused police of “picking on me because I’m black” saying “I’ve done nothing wrong”.
In court on Monday, defence solicitor Sherrie Meade from RJ Taylor Law said Doyle didn’t deny he had issues with alcohol.
“[In fact] every time he’s appeared before the court... it’s related to alcohol use,” she said.
Ms Meade said Doyle hadn’t drunk at all since the day of this incident.
“He cannot drink and that’s the only way he can keep his family, keep his job and keep his house,” she said.
Ms Meade could not ignore the fact this was Doyle’s second public nuisance offence involving alcohol and violence in a matter of weeks, but she begged Mr Stjernqvist not to imprison the father of two, saying it would “impact on his family substantially”.
Instead, she submitted he should be given the opportunity to prove he was sincere about abstaining from alcohol.
Nonetheless Mr Stjernqvist said the issue with alcohol was identified last time “as it has been many times before”.
“[And] this is just more of the same... stop talking about it and start doing something about it,” he said.
Mr Stjernqvist activated the suspended sentence ordering Doyle serve the whole three-month term. He also imposed a fresh prison term of the same length making a total of six months. Doyle was immediately released on parole but warned any further offences would land him behind bars without an appearance in court.