Christopher Pearson appeared in Albury Local Court for breaching a community service order imposed earlier this year for disqualified driving.

His partner, Kylie Michelle Waite, 28, had a severity appeal against a six-month jail term for several disqualified driving offences dismissed in the District Court in Albury in September.

District Court judge David Freeman said Waite, who has never held a driver’s licence, had “an inability or unwillingness to comply with the law” and the number of times she has been caught for disqualified or unlicensed driving was staggering for her age.

Pearson, 28, is caring for their three youngest boys aged three, two and one, with his mother looking after two older children, including a girl, 6.

He said during evidence that he wanted to avoid jail for his family’s long-term future and get home yesterday for his youngest’s first birthday.

“I don’t ever want to go back to jail,” he said.

“I was nearly killed in jail.”

Solicitor Andrea MacDonald said the children were missing their mother, who will remain in jail until March next year.

“It would be exceptional for five little children to have both parents in jail,” Ms MacDonald said.

Pearson was previously jailed in 2006 for 14 months for disqualified driving.

He acknowledged yesterday that he has repeatedly failed his family and commitments during his life.

“I failed my kids by going to jail. I failed my kids by sitting here today,” he said.

“When I went to jail last time, it was a big wake-up call.

“I want to prove to everyone that I am not a failure.

“I really want to move on in life. I have not offended since that driving charge in August last year.”

Pearson completed 156 hours of his order before being breached by the Probation and Parole Service which has refused to continue with the order.

Magistrate Gordon Lerve said the only alternative was a jail term, but the issue was whether it would be suspended and adjourned a decision until January 19.

Mr Lerve said Pearson had received considerable leniency by having the community service order imposed.