Repeat drink driver to fight sentence after one month behind bars

Viliame Dakuwaqa Delaidamanu Naitasiri appeared via video link from custody in Tamworth Local Court when his bid for bail was refused while he waits for his appeal date in May.

The court heard the 33-year-old was about one month into his 18-month prison sentence, which was handed down after he was caught high-range drink driving once and mid-range drink driving twice in the space of seven months.

Magistrate Julie Soars told the court all other options were considered when the 33-year-old was sentenced to time behind bars, and Naitasiri had "continued" to put the community at risk with his behaviour behind the wheel.

The 33-year-old was caught high-range drink driving after he ran into a mailbox and hit a garden bed while more than triple the legal limit.

He was initially sentenced to a 12 month community corrections order, or CCO, which was revoked after he committed two further drink-driving offences.

The court heard within two months of serving his sentence he was caught driving on the wrong side of the road and more than double the legal limit. He was caught mid-range drink driving again in January 2024.

Ms Soars said a sentencing report had found the 33-year-old had understood the seriousness of his offending, but his "actions don't match his verbalisations".

"He only understood the seriousness of his offence once his liberty was taken from him," Ms Soars read from the report.

"He has lodged an appeal to the district court on the grounds the sentence imposed is too severe," Ms Soars said.

Naitasiri's Legal Aid defence solicitor Yolondie Cherry offered up a number of strict bail conditions the 33-year-old would comply with until his appeal date in the district court.

She said the 33-year-old would be willing to report to police daily; not drive or occupy the driver's seat of any vehicle; and steer clear of drugs and alcohol.

"He understands he cannot drive," she said.

Ms Cherry said "community safety is not just about incarceration", and said a community-based sentence would be available for the 33-year-old.

She said the appeal had "reasonably arguable prospects of success".

Ms Soars refused the 33-year-old appeals bail and ordered him to stay behind bars until his next court date.

The appeal is expected to be heard in the Tamworth District Court in May.