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Magistrate labels former addict a ‘miserable’ story

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June 13, 2018

A FORMER drug addict who breached his community corrections order by driving while disqualified has been jailed for a month.

A FORMER drug addict who breached his community corrections order by driving while disqualified has been jailed for a month.

Rochester’s Brendan Avis, 26, pleaded guilty in Echuca Magistrates Court on Tuesday, May 29 after being given three weeks to prove he is clean.

Avis breached his 18-month CCO after being caught driving without a licence on McEwen Rd, Kyabram, on December 8, 2017.

Defence lawyer Matt Mahady, who previously told the court Avis had a ‘‘horrible history’’ said urine screenings from April and May proved his client was clean from methamphetamine, which he had been on for about six years.

‘‘This is also the first time in five years he has obtained employment,’’ Mr Mahady said.

And despite being given ‘‘quite a few chances’’ of CCOs over the years, Mr Mahady said his client was now motivated to comply with any order.

However, Magistrate Andrew McKenna, who sat in on the matter via videolink, said Avis’ performance on the CCO was ‘‘nothing short of miserable’’.

‘‘Why should I think he’ll be any different now,’’ he said.

‘‘It’s staggering the Corrections office thinks he is still suitable to complete one. What’s the point?’’

Avis has been placed on a CCO in the past and served a month in prison last year for possessing a trafficable amount of ice.

And Mr McKenna said Avis did not comply with any part of the 18-month CCO he was placed on in July last year.

‘‘You didn’t attend any appointments and did not do any of the 350 hours community work. Not a single one,’’ he said.

‘‘You did not engage with the Office of Corrections who went out of its way to accommodate you ... you’re failure to engage is beyond understanding.’’

Mr McKenna jailed Avis for one month for the breach and ordered him to start another 18-month CCO, including 350 hours of community work, when he is released from prison.

‘‘If you don’t comply with this order, more jail is waiting for you. It’s all up to you,’’ Mr McKenna said.

Avis was also convicted and fined $1000 for the driving charge and his licence was disqualified for two months.

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