A 40-year-old Cowra man who attempted to pick up his child from daycare while four times over the legal limit has been sentenced to 12-months imprisonment with a non-parole period of four months.
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Matthew John Lynch of Fitzroy Avenue was before the court charged with a high range PCA.
According to police facts around 4.10pm on October 2, 2019, Lynch drove to a local childcare centre.
While in the car park of the centre, he reversed into a pole alerting staff to the location.
As he entered the facility, staff could smell a strong scent of alcohol coming from Lynch and contacted police.
Police arrived a short time later and spoke to staff while Lynch was still inside. After exiting with his child, police approached him.
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Asking if he had driven there, Lynch said he had, and that his last drink was, "20 minutes ago".
When told he was being arrested, he became argumentative with police saying, "there will be a fight".
He was then arrested and taken to the Cowra Police Station for a breath analysis which returned a reading of 0.234 grams of alcohol in 210 litres of breath.
During his dealings with police, Lynch smelt strongly of alcohol, had heavily bloodshot eyes, slurred his speech and was unsteady on his feet. He told police he had consumed six schooners of Resch's beer between 12pm and 3.45pm.
Lynch's solicitor, June Langfield, told the court her client had ongoing issues with alcohol.
She told the court her client was undertaking weekly counselling to address this and that he would comply with whatever conditions the court imposed on him.
Police prosecutor, Sergeant Carl Smith, said that nothing short of a full time custodial sentence could be given to Lynch.
"Noting the high reading, which is well past the high range, this is his fourth PCA," he said.
"Where he was caught he was an extreme risk to others and the only option for the court is full time custody."
In sentencing Magistrate Michael O'Brien, said Lynch's reading was extraordinarily high.
"You were four times the legal limit in circumstances where you were going to take a small child who has no control over who conveys them," he said.
"This is not the first PCA on your record, 2008, 2004 and 2000, they should have been wake up calls.
"I accept you are contrite and are taking steps to address alcohol but the genesis for the legislation taking this seriously is public safety.
"The testimonials provided to the court have high regard for you. But this is an offence that ought never arisen," he said.
Lynch was also fined $1000, disqualified from driving for nine months followed by an interlock period of 24 months.
