Driver told he ‘could have killed so many people’
A DRUNK and dangerous driver will spend nine months on parole after he deliberately smashed into a stranger's Andergrove home while more than four times the limit.
Magistrate Bronwyn Hartigan slammed Philip Andrew Lyon for his "appalling" decision.
"He could have killed so many people," she said.
It was about 7.15pm on April 13 this year when the father of two crashed into the front room of a home on Van Eldik Ave.
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Mackay Magistrates Court heard Lyon had polished off a bottle of rum and was driving to see his kids in an effort to calm down when he saw a brick wall.
Prosecutor Harry Coburn told the court Lyon later said he had not wanted to hurt anyone else "and the only way he could explain the action is that in movies when a car hits a brick wall it gets crushed and the person dies and that is what he wanted".
His blood alcohol reading was 0.215 per cent.
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Defence solicitor Jordana Abela, of McKay's Solicitors, said after this incident her client was diagnosed with severe depression and now took medication.
Ms Abela said Lyon's actions could be "categorised as reckless" and he had no intention to hurt anyone but himself as she pushed for probation or a wholly suspended sentence.
But Ms Hartigan said she was not moved past the fact that Lyon had some mental health issues.
"There could have been anybody in that yard," Ms Hartigan said.
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"If anything I find it appalling that he would involve other people in that desire to kill himself."
The court heard Lyon's leg was shattered in three places from the crash and as a result the boiler maker was not able to work.
Ms Abela said he saw a physiotherapist who hoped Lyon would be able to return to work in a few weeks.
She also said her client had engaged with a psychiatrist, counsellor and life coach.
"He understands his actions could have had dire consequence for someone else. He accepts that he's very fortunate that he didn't injure anyone else," Ms Abela said.
The court heard he had become increasingly angry while drinking and had been on his way to see his children as "they do calm him down".
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Lyon pleaded guilty to aggravated dangerous driving.
Ms Hartigan said the case was too serious for probation and "general deterrence is very very important to send a message to the community" against this type of behaviour.
"You very easily could have killed a number of people, on the way there, in that yard," Ms Hartigan said, also adding Lyon needed supervision as part of his penalty.
He was jailed for nine months with immediate parole and disqualified from driving for 12 months.
A conviction was recorded.
