A Dubbo man caught speeding three times above the speed limit has been sent to jail, after a district court judge dismissed a severity appeal against the sentence yesterday.
Gavin Boyd Rieschieck, 23, appeared before Judge Woods at Dubbo District Court, with a large contingent of his family and friends supporting him.
Judge Woods dismissed the appeal and ordered that the original sentence handed down by local court
Magistrate Howard Hamilton be upheld.
Rieschieck was taken into custody and will serve an eight-month jail term and a non-parole period of five months.
Judge Wood reduced his licence disqualification from five years to three years, meaning he will be eligible to apply for his licence in 2010.
Rieschieck - a clerk at the abattoir - was caught speeding at 175km/h in a 50km/h zone on his motorbike at 6.30 in the morning down Yarrandale Road in August this year.
Rieschieck told police he was “running late for work” when he opened the throttle of his bike and sped down a long straight stretch of the road.
In his decision to uphold a jail term for Rieschieck, Judge Woods said Rieschieck displayed “outrageously criminal behaviour” when he sped three times above the legal speed limit.
Although described as a person of “good character” with a good family background and social network, Judge Woods said that a stern message must be sent to the community and young drivers, that speeding kills.
“Dangerous and irresponsible driving causes more deaths on roads than any other thing that’s why we have these draconian rules,” he said.
“The authorities have to apply stringent measures to stop people killing themselves and others.
“I have had people driving incorrectly at 6.30am that have killed innocent people going to work.”
In his submissions to Judge Woods, Rieschieck’s solicitor said that where his client accelerated he had a clear vision of the roadway, it was an area with no houses in it and that at 6.30am in the morning there was “little actual danger” as far as people in the area.
Rieschieck’s solicitor said his client was suitable for rehabilitation, not a person who comes before the court often for major offences and recommended that Rieschieck be put on a bond or be given a community service order.
The Crown said the offence fell in the upper end of the serious scale and considering Rieschieck’s traffic history, a full-time custodial sentence should apply.