Shay Tuwhare Toa Smith breached a suspended prison sentence after he was caught driving while disqualified.
Shay Tuwhare Toa Smith breached a suspended prison sentence after he was caught driving while disqualified.

‘Thin ice’: Taser crim sprung by cop at bottle shop

A disqualified driver's luck ran out when he pulled into a bottle shop carpark at the same time as an off-duty police prosecutor.

The offence breached Shay Tuwhare Toa Smith's suspended sentence imposed on March 17.

Judge Glen Cash on Wednesday extended the operational period of that sentence by six months.

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Maroochydore District Court heard Smith's licence was disqualified last November before he was given a suspended sentence in March for threatening violence while holding a taser to a woman's head.

"When imposing the sentence, your honour had regard to the defendant's timely plea following negotiations ahead of his scheduled trial, his age, his short but arguably serious criminal history, along with the automatic activation of the character test within the migration act given the defendant is a New Zealand national," crown prosecutor Ashley Gaden said.

She said Smith, 29, was three months into his suspended sentence when on off-duty police prosecutor saw him pull into a bottle shop.

Smith denied driving when police questioned him the next day.

But he had been caught on CCTV footage.

Defence lawyer Chelsea Emery said Smith was a committed father and hard worker.

She said most of Smith's previous offending happened during a difficult period of his life.

"He's on pretty thin ice," Judge Cash told her.

He said the extension of Smith's suspended sentence was the last chance he would get.

Ms Emery said her client was aware he could be kicked out of the country.


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