BN- FORMER Finks bikie Kris Spizzirri has jumped behind the wheel 23 times while disqualified but yesterday a judge wouldn’t send him to ...
BN- FORMER Finks bikie Kris Spizzirri has jumped behind the wheel 23 times while disqualified but yesterday a judge wouldn’t send him to jail because she didn’t want to mess up his “rehabilitation”.
Southport District Court Judge Helen Bowskill scrapped Spizzirri’s original sentence, which ordered him to serve four months in custody, after admitting it was difficult to see how jail “would serve any purpose of personal deterrence”.
After he appealed his original sentence, she decided to immediately suspend his 12-month sentence.
Spizzirri, 33, was busted driving while disqualified in October last year, just days after he finished his parole supervision period for eight other similar offences.
During his sentencing in March this year, magistrate Paul Johnstone found Spizzirri had an “appalling” traffic history and sentenced him to 12 months in jail.
Spizzirri was ordered to serve four months in custody then be released on parole. But he spent only hours behind bars before lawyers lodged an appeal, claiming the sentence was “manifestly excessive”.
Spizzirri’s lawyers said the magistrate erred by placing “undue emphasis” on repeat offences.
They also said the magistrate failed to consider a Supreme Court judge’s findings about Spizzirri’s prospects for rehabilitation during his sentence for producing drugs in December last year.
On appeal, Judge Bowskill found it was difficult to see how jail time would provide any benefit of rehabilitation.
“On the contrary, it would likely derail the efforts already made towards rehabilitation and potentially set the appellant back on his previous course,” she said.
“The element of general deterrence is met by the imposition of an appropriate head sentence and is not compromised by suspending the sentence.”
Judge Bowskill said she decided to suspend the sentence rather than release Spizzirri on parole so he could remain in Melbourne, where he had family support and a job.
“A significant part of the appellant’s rehabilitation efforts involve him moving to Melbourne and so distancing himself from the poor influence of his associates on the Gold Coast,” she said.
She said she took into account that Spizzirri had remained drug free, sought psychological counselling and moved from a place where he was at risk of poor influences from associates.
Spizzirri is disqualified from driving for another two and a half years.
Spizzirri’s driving history
23 Jun. 1997: Unlicensed driving — $80 fine and convicted
30 Aug. 2002: Unlicensed driving — $250 fine, disqualified 6 months
12 Jan 2004: Unlicensed driving — 11 days prison, disqualified 6 months
4 Jan 2004: Unlicensed driving — $400 fine, disqualified 6 months
12 Jun. 2004: Disqualified driving — 3 months prison, disqualified 2 years
12 Apr. 2004: Disqualified driving — 1 month prison, disqualified 4 years
11 May 2004: Disqualified driving — 2 months prison, disqualified 4 years
11 May 2004: Unlicensed driving — 2 months prison, disqualified 4 years
2 Jun. 2004: Forging drivers licence — 14 days prison, convicted, no fine
29 Jun. 2004: Disqualified driving — 3 months prison, disqualified 4 years
7 Jul. 2004: Disqualified driving — 3 months prison, disqualified 4 years
11 Aug. 2004: Disqualified driving — 4 months prison, disqualified 4 years
26 Aug. 2004: Disqualified driving — 6 months prison, disqualified 4 years
2 Sep. 2004: Disqualified driving — 9 months prison, disqualified 4 years
3 Sep. 2004: Disqualified driving — 12 months prison, disqualified 4 years
6 May 2006: Disqualified driving — 15 months prison, disqualified 5 years 43 days,
14 Sep. 2006: Disqualified driving — 15 months prison, disqualified 5 years
29 Sep. 2006: Disqualified driving — 18 months prison, disqualified 5 years
2 Apr. 2009: Disqualified driving — 16 months prison, disqualified 5 years (SERVED 2 MONTHS JAIL)
16 Feb. 2008: Disqualified driving — 15 months prison (SERVED 2 MONTHS JAIL)
12 Feb. 2011: Disqualified driving on all charges
10 Mar 2011: Disqualified driving — 17 months prison, disqualified 2 years (SERVED 5 MONTHS JAIL)
29 Mar 2011: Disqualified driving
19 May 2011: Disqualified driving
23 May 2011: Disqualified driving
23 May 2011: Disqualified driving
25 May 2012: Disqualified driving
29 Mar 2013: Disqualified driving
12 Oct. 2014: Disqualified driving
OTHER TRAFFIC FINES
20 May 2001: Speed at least 45km/h — 6 points and $255 fine
22 May 2001: Speed at least 30km/h — 4 points and $180
22 May 2001: Learner drive without person with open lic in other seat — $30 fine
6 Apr. 2002: Drive vehicle unnecessary noise/smoke — $240 fine
30 Aug. 2002: Use or permit use of unregistered vehicle — $240
29 Apr. 2003: Speed more 30 not more 40 — 6 points and $350 fine
13 Aug. 2003: Speed more 20km/h not more 30 — 4 points and $250
15 Oct. 2003: Unregistered car — $180
15 Oct. 2003: Speed at least 13km/h not more 20km/h — 3 points and $150
4 Jan 2004: Speed more 20km/h not more 30km/h — 4 points and $250
4 Jan 2004: Speed at least 13km/h not more 20km/h — 3 points and $150
4 Jan 2004: Unlicensed driving $400 fine — disqualified 4 months
12 Jan 2004: Drink-driving 0.068 convicted (along with unlicensed driving charge)
7 Jul. 2004: Speed 50km/h limit by more than 40km/h — 8 points, $700 fine
26 Aug. 2004: Speed more than 40km/h 8 points, - $700 fine
6 May 2006: Speed by more than 20km/h not by 30km/h — 4 points and $250
12 May 2006: Passenger not wear seatbelt — 3 points $225
14 Sep. 2006: Drive in bus lane — $75 fine
29 Sep. 2006: Fail stop at stop sign — 3 points convicted no fine
More: http://www.heraldsun.com.au/news/national/former-finks-bikie-avoids-jail-despite-being-found-behind-the-wheel-23-times-while-disqualified/story-fnii5v70-1227531095228
