A young Thurgoona man who has now committed his 11th disqualified-driving offence must wait to find out if he has to confront his extreme fear of jail.
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Mark Anthony Brabyn, who was constantly wincing on Wednesday from chest pain brought on by diabetes complications, was caught this time on a motorbike.
Suggestions though of it being a spur-of-the-moment act were dismissed by magistrate Sally McLaughlin, who pointed to Brabyn's clear-headed decision to ride with a female pillion passenger.
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Ms McLaughlin said Brabyn must be jailed, but on hearing a sentencing submission from defence lawyer Samantha Little allowed him to be assessed for home detention.
"I accept your client has an issue with impulse control," she told Miss Little.
"It appears he has been given every opportunity the court can give him."
Brabyn was handed a three-month jail term, but this was put on hold until December 14 for the assessment. "If you are not suitable for home detention, you will go into custody," Ms McLaughlin warned him in Albury Local Court.
Miss Little said it was conceded her client had "an appalling driving record".
"He comes to court terrified he is facing another period in custody," she said.
But Miss Little argued that sentencing Brabyn to another full-time stretch behind bars was not the way to stop his recidivist behaviour, and that supervision in the community would be more effective.
Brabyn, 28, of Swallow Street, pleaded guilty to a second-offence charge of driving while disqualified.
He was seen stationary, with his passenger, on a black Honda 250cc motorcycle at the corner of Olive and Dean streets, Albury, on August 24 at 7.58am.
Police stopped Brabyn from moving off, gave him a random breath test and then asked if he had a licence.
He said he didn't. It was discovered he had never held one for a motorcycle and that for a car he had only ever had a learner's licence, which had been disqualified for 10 years from June 26, 2013.
Police checks further revealed that he had lost his licence "numerous times" for driving while disqualified.
Parole for his previous jail term expired in June.
"The concern the court has," Ms McLaughlin told Brabyn, "is you are a danger to the community when you drive."
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