Shay Tuwhare Toa Smith was given a suspended jail term in Maroochydore Magistrates Court on Tuesday.
Shay Tuwhare Toa Smith was given a suspended jail term in Maroochydore Magistrates Court on Tuesday.

Man who can’t stay off the road edges closer to jail

A father-of-three with an extensive history of driving while disqualified knows he risks being deported back to New Zealand if he keeps appearing in court.

Shay Tuwhare Toa Smith, 29, was busted driving by an off duty police officer during his disqualification period.

Police prosecutor Dave Bradley told Maroochydore Magistrates Court Smith had been disqualified from driving for 30 months on November 15, 2018.

The court heard an off duty police officer recognised Smith driving on June 20.

"Police ultimately went to the location and reviewed CCTV footage," Senior Sergeant Bradley said.

They found Smith had been the one driving.

The court heard when police went to Smith's house and questioned him about the driving, he made no admissions.

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Sen-Sgt Bradley said Smith pleaded guilty in Maroochydore District Court on March 17 to threatening violence at night for holding a taser to a woman's head.

He was sentenced to six months in jail, wholly suspended for 18 months.

Smith pleaded guilty in Maroochydore Magistrates Court on Tuesday to being a repeat disqualified driver.

Lawyer Chelsea Emery said New Zealand born Smith used to have a problem with drug use which led to multiple drug driving offences.

"There was obviously no particular concerning driving on this particular occasion," she said.

"He's not an Australian citizen so there's the risk of deportation if he continues to appear before the court and he's very well aware of that."

The court heard Smith was a father-of-three and was working as a scaffolder.

Magistrate Chris Callaghan said Smith had to stop coming before him committing the same offences.

"Courts take a dim view of continually driving contrary to court orders of disqualification," he said.

"Terms of imprisonment are not uncommon."

Smith was sentenced to three months in jail, wholly suspended for one year.

He was also disqualified from driving for two years.

Smith will also have to face Maroochydore District Court for breaching his suspended sentence.

A conviction was recorded.


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