MAXIMUM penalty guidelines were the saving grace for a woman, after a court heard she would otherwise be spending time behind bars for her "unimpressive" driving habits.
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Jade Lee Miskell-Scott, 26, of Peel Street, West Bathurst pleaded guilty in Bathurst Local Court on July 26, 2023 to driving with an expired licence, giving police a false name, and having a knife in public.
Court documents said police were patrolling Liverpool about 9.45pm on April 12, 2023 when they saw a vehicle travelling at speed along Charles Street.
Police said they saw the vehicle swerve across the road and turn left onto Mill Road before they continued onto the Hume Highway.
Police did a U-turn and stopped the vehicle, at which point they saw Miskell-Scott - who was yet to be identified - behind the wheel.
Miskell-Scott was asked for her licence before she gave officers the name and date of birth of someone else.
The court heard police used RMS records to access the driver's licence under the details given by Miskell-Scott.
They were able to get the photo ID, which showed a woman who did not resemble Miskell-Scott.
She insisted it was her before police, who suspected Miskell-Scott and her passenger had illegal items, were searched.
During the search, Miskell-Scott handed over a black folding knife, which she said she had for fishing.
A short time later, Miskell-Scott admitted to giving the wrong name and said she knew her licence expired on June 23, 2021.
Sentence
Aboriginal Legal Service solicitor Usman Naveed submitted to the court during sentencing that despite his client's criminal history, she had a promising future.
The court heard Miskell-Scott has three driving with drug matters on her record, two driving unlicensed, one reckless driving, one driving while disqualified and one speeding charge.
"She has referred herself to Merit (Magistrates Early Referral Into Treatment), began to disassociate with negative peers and started to get her drug and alcohol habit under control, which is responsible for most of her criminal offending," Mr Naveed said.
Magistrate Elizabeth Ellis found it ironic Miskell-Scott thought she would be better suited to drive at the time of the offending, as heard in open court, given her "unimpressive record".
"It did give me a smile when I learned that you took over from the other driver because you thought they were unsafe. How bad were they, if you thought you were better?" Ms Ellis said.
"You're lucky this time, other charges have a term of imprisonment. I've had to send people to full time custody before just for driving."
Miskell-Scott was placed on an 18-month community correction order and fined $1000.
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