A sobbing criminal has been released from jail after speeding through red lights on Northbourne Avenue and turning onto the wrong side of the road, as the Chief Magistrate expressed doubts whether prison was suitable.
Benjamin Raymond McGrath, 42, was sentenced on Wednesday to a four-year intensive corrections order and five-year licence disqualification at the ACT Magistrates Court.
McGrath's charges included aggravated reckless driving, aggravated burglary, two counts of minor theft, destroying property not exceeding $5000, two counts of driving while disqualified and two counts of failing to answer his bail.
From documents tendered to the court, earlier this year on March 26, police saw a black Nissan Dualis travelling along Wattle Street in Lyneham towards Macarthur Avenue about 7.15pm.
The car was listed as stolen and police followed the Dualis, stopping next to the driver's side at a set of traffic lights, identifying McGrath.
Police requested McGrath turn off the car so they could speak with him, as the officers positioned their vehicle in front of the defendant, who "immediately accelerated away ... against a clearly displayed red light".
McGrath was pursued by police through Turner, eventually ending up at the intersection of Northbourne Avenue and Masson Street.
Police saw McGrath turning onto Northbourne Avenue "against a clear red light travelling onto the wrong side of the roadway into heavy oncoming traffic".
It caused other drivers on the road to "take evasive action to avoid colliding with the defendant".
Due to the risk, police stopped following McGrath as they saw him enter Elouera Street in Braddon.
About 7.26pm, police received several calls from members of the public reporting the Dualis "travelling at speed on Limestone Avenue" in Dickson. Some minutes later police found the car parked on a footpath.
On April 7, police were conducting a routine patrol of Forbes Street, Turner when they saw McGrath walking along the footpath.
When McGrath saw the officers he "immediately ran away" however after a short pursuit he was arrested and taken to ACT watch house.
McGrath had been disqualified from driving a number of times and was on bail at the time for stealing a bike, smashing a window of a van and stealing $2000 cash and a number of other crimes dating back to January 2021.
While giving evidence at his sentencing on Wednesday, McGrath tearfully described his traumatic past, addiction to drugs and how his devotion to his family would make things different this time if he was released.
"I don't look to excuse my behaviour, but I didn't have role models," he said.
Realising the need for mental health support and staying devoted to his family made McGrath feel he believed in himself for once and there was nothing he wouldn't do to "find that inner peace".
Defence lawyer Edward Chen argued Chief Magistrate Lorraine Walker could be "cautiously optimistic" that McGrath was motivated to reach his goals, and mental health support would be better accessed outside jail as there were instances the prison failed to make medication available.
While Ms Walker said she had reservations about whether McGrath would heal in prison or the community, she decided she was more concerned about him being in jail.
"It's been very concerning to hear someone who has been diagnosed with depression and not being given access to medication," she said.
McGrath was released that afternoon, on the condition he follow strict corrections orders including a curfew, testing for illicit substances and mandatory mental health programs.
