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5:10AM Sunday 12 July, 2009

Magistrate allows hoon to keep his car

12:00a.m. 22nd November 2008

Magistrate allows hoon to keep his car

Mitchell Early.

Poll: Should courts confiscate hoon's cars?

This poll has closed. See the results.

A self confessed hoon has escaped having his vehicle permanently taken from him despite having more than 20 hooning offences on his driving record.

Police applied to have Caloundra man Mitchell Early's car forfeited under the state government's hooning legislation after the 21 year old faced court on several different hooning offences but he was allowed to keep his licence.

Instead the Magistrate ordered his vehicle, believed to be a Turbo Nissan Silvia, to be impounded for one month which began on Thursday.

However the Daily understands that the Caloundra Golf Club employee has a second vehicle and the impoundment of his favoured vehicle has not disrupted his lifestyle.

Last year Mr Early was asked in court by the Magistrate if he considered himself a hoon.

He answered yes and he has the traffic history to match.

On November 20 2007 he was issued a notice to appear for driving unlicensed and hooning at Golden Beach and had his car impounded for two days.

A week later he was issued with another notice to appear for hooning in Palmwoods and his car was impounded for a further 48 hours.

He was fined $500 for the November 20 offence on November 7 this year after a two day hearing and $240 for the Palmwoods offence in June.

On March 21 this year Mr Early was given a notice to appear and lost his car for another two days after performing a burnout in front of an unmarked police car at Moffat Beach. Last week he pleaded guilty and was fined $150.

On August 8 this year he was issued a notice to appear for hooning on the Nicklin Way at Aroona and had his car seized for 48 hours and last week he was fined another $150 by the Magistrate.

On August 16 his vehicle failed to stop at a random breath testing site and drove off at high speed from traffic officers, however there was no way for police to prove who was at the wheel at the time of the incident.

Police can ask a court to have a repeat offender's car seized forever under the state government legislation, however penalties are at the Magistrate's discretion.

Recent Comments

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Posted by JuzzyDee from Peregian Beach
on 22 November, 2008 at 2:47 a.m. ( Suggest removal )
You have got to be kidding! If this idiot was firing a gun around in public on multiple occasions he would be in jail and the gun taken away. But in this case the "bullett" is a 1 ton sports car and nothing has been done. Does this fool have to maim or kill someone first before something's done??? And what about the parents? I hope they hang thier heads in shame knwoing they have raised such a stupid and criminally reckless person. I've lost a couple of friends to morons like this and they should be off the road, especially when they are self admitted hoons. And if anyone is injured by this loser, let it be the magistrate who let him back onto our roads, because maybe then judges will wake up and punish these people the way they deserve.
Posted by golfito from pacific paradise
on 22 November, 2008 at 4:46 a.m. ( Suggest removal )
Congratulations to "the magistrate",whom I notice you have not named,a great idea to turn this idiot loose with car and license until he kills someone.
This is just another example of weak justice seen all to often in the Maroochydore courts.It is a wonder that the police bother to go to work for all the support they get.
Posted by sunnyone44 from Mooloolaba
on 22 November, 2008 at 5:28 a.m. ( Suggest removal )
Let me hazard a guess that the magistrate in question has never been kept awake by the noise and smell of a car driven by a hoon in the wee small hours of the morning.I bet he has never been anywhere near the smoke coming from tyres that are being spun and shredded on a sububuran street and have that smell of burning rubber up his nose seemingly for hours and impregnating his clothes.It defies logic that this bloke with his record has not only not had his car taken from him forever and still has his license and has not been thrown into jail. The Police must be shaking their heads as well.It kind of makes a mockery of the hard work our Police do.
Posted by Worried_parent1 from Maroochydore
on 22 November, 2008 at 6:25 a.m. ( Suggest removal )
When are you idiots going to learn, maybe next time there is a young fatality on the road these kids should be shown graffic photos of the accident scene while the bodies are still in the car, for god sake, think of you families that you will be leaving behind, at least consider them.
Posted by ThePeanutGallery from BUDERIM
on 22 November, 2008 at 6:36 a.m. ( Suggest removal )
gobsmacked!
Fool me once; shame on you.
Fool me twice; shame on me!
In this case the 'me' is the community; because we have a legal system in place that is inconsistent and that permits seemingly bizarre anomalies such as this.

It must be pretty discouraging for the Police, as it is for the general community to see repeat offenders treated so lightly. I guess what the SCD is not reporting are the extenuating curcumstances, because they must have been pretty darn amazing!

Whilst I am appreciative of an independent legal system, it is a concern that sometimes they appear to be so out of touch with how to behave themselves on topical issues such as hooning. Is this something we want fixed or not? And in the case of repeat offenders do we not have a right to understand why the full extent of the law is not applied?
Posted by CoastalKiwi from Buderim
on 22 November, 2008 at 6:46 a.m. ( Suggest removal )
This is an absoloute disgrace by our weak courts and even weaker Magistrates! $150 fine for his latest offences? The equivialnt ticket for this offence is $240 which shows how out of touch these Magistrates are. How long before this self confessed hoon kills himself or an innocent member of the public. You would think the courts had a duty of care to protect us from drivers like Mitchell who at only 21 has 20 hooning offences and treat our roads like a playground. Grow up Mitchell and stop and think about your actions before you end up killing someone!
Posted by realisticpaul from alexandra headland
on 22 November, 2008 at 7:03 a.m. ( Suggest removal )
It is about time many of the Magistrates lost their positions. How could a magistrate allow this person to stay on the streets, let alone the 'road'.
Maybe, Mr. Early should receive some 'Early Time'. Lock him up for 12 months. I would assume being who he is, has not paid the Fines as well.
Magistrates "get your act together". Place these fools where they should be.... in jail, before they kill some innocent person.
Posted by localgirl from caloundra west
on 22 November, 2008 at 7:19 a.m. ( Suggest removal )
Judge are you out of your flipping mind.
when he kills someone and he will, it's on your shoulders.
Posted by Cooroy_Kid from Cooroy
on 22 November, 2008 at 7:28 a.m. ( Suggest removal )
'Police applied to have Caloundra man Mitchell Early's car forfeited'.

He's not a man, he's a little boy.

He has a lot of growing up to do before he is a man.
Posted by JustThinking from Kawana
on 22 November, 2008 at 7:34 a.m. ( Suggest removal )
By all means, keep allowing the self-confessed, serial hoon to keep his car. What other means has he got to waste police officer's and the court's time, not to mention tax payer's money.

Have no fear citizens on the road, I'm sure if he has a bad accident and kills himself and/or someone else then they'll confiscate his destroyed car.

Police Officers must wonder why they bother.
Posted by Pandanus from Mooloolaba
on 22 November, 2008 at 7:46 a.m. ( Suggest removal )
No, the law is not an ass. Its the way it is applied.
What a thankless task for the police with magistrates who blatantly refuse to apply the laws laid down for the protection of the majority. Will this magistrate respond differently when a hoon has killed someone? Not by this example, I'm afraid.
It is time for the State Govt to tighten up on these magistrates who interpret the law to suit their beliefs rather than the community which they are supposed to serve. Maybe we should start thinking about regular reappointment terms for magistrates, rather than the cushy life time appointments presently enjoyed.
If the Govt takes steps to introduce mandatory sentencing then they will have my vote.
Posted by Auditor from Mt Coolum
on 22 November, 2008 at 8:34 a.m. ( Suggest removal )
It seems as though everyone has 'judged' this case based on a newspaper report.

The judge/magistrate at least had the benefit of hearing both sides of this story before making their decision.

Something we are not in the position to do.

Mob mentality springs to mind.
Posted by Wondering from Caloundra
on 22 November, 2008 at 9:12 a.m. ( Suggest removal )
Hoons can be a menace to quiet neighbourhoods and to the safety of the population. They are deliberately creating disturbance and polution, creating a dangerous situation that can easily get out of control and defying authority. Yet many are just showing off to their peers. They are juvenile and not really thinking about the consequences of their actions. Confiscating cars and fines may eventually get some logical thought process going...if they reoffend consequences should be more severe. So why hasn't Mitchell lost his car permanently? Magistrates who condone this irresponsible behaviour are not doing their jobs! I pity the poor police who end up wasting their time and effort.
Posted by tomo49 from caloundra
on 22 November, 2008 at 9:25 a.m. ( Suggest removal )
This little child should be jailed and the magistrate removed from the bench..they are both morons with no commom decency or sense.To remove his licence is irrelevant because if he is that stupid he would drive again anyway..Jail is the only way but meanwhile if the idiot injures someone the injured party should sue this foolish magistrate...name the magitrate so the whole coast knows who this over educated idiot is.....
Posted by Darkknight from Sippy Downs
on 22 November, 2008 at 9:55 a.m. ( Suggest removal )
What a hero you are Mitchell. You must be a legend to your mates. I hope they are strong guys, because they way you drive they'll be your pallbearers one day.
Posted by struggle from Buderim
on 22 November, 2008 at 10:33 a.m. ( Suggest removal )
What a joke this just means that every hoon can do what they want when they want and nothing will
happen unless they kill someone else on the road and not themselves.
Come on I thought the state govt had a thing going 3 strikes and you are out of a vehicle, seems this judge didnt hear anything like that. Another great story from our local courts NOT
Posted by Darkknight from Sippy Downs
on 22 November, 2008 at 11:09 a.m. ( Suggest removal )
Auditor....you are right. Mob mentality does spring to mind. Every time I see road carnage I wanna shake the livin' daylights out of one of these bitumen blockheads. It's only when they cause the death of another person do they boo hoo and make promises about never driving like that again.

I'm one of the 'mob' and my mentality at the moment is squash their cars up into little metal cubes in front of them.

Now go back to driving your marshmellow car in your fairyland.
Posted by Jason from Pomona
on 22 November, 2008 at 11:14 a.m. ( Suggest removal )
As the Auditor has pointed out, the story only covers one version of events and even admits some of the allegations are unproven.
Posted by southernmonkey1 from Noosa
on 22 November, 2008 at 11:17 a.m. ( Suggest removal )
What a disgrace! The magistrate that ordered the impoundment for only one month should be ashamed.
Its time that these weak magistrates took notice that the citizens of QLD are demanding better of them!
Posted by Breakaway from Sippy Downs
on 22 November, 2008 at 12:27 p.m. ( Suggest removal )
The name f the self-confessed hoon has been published.

Why isn't the name of that particular magistrate published?

Which of the two is the greatest menace to society?
Posted by My_2_cents from Southern end
on 22 November, 2008 at 1:04 p.m. ( Suggest removal )
Auditor is kind of right - we have only heard one side of this story.

BUT, anyone with an IQ in the positives will know what the other side is : lies, denial, excuses and then some less credible rot as well !

We've all heard the grubs' stories before - they don't change the facts. The issue is the manner of driving, not the weak-gutted, childish, irresponsible excuses for it.

What Auditor overlooked, is the facts this bloke has been found guilty of the offences. We don't need any other side once the facts are proven; all that remains from then is disgust, punishment and further disgust at the absence of punishment.
Posted by JustThinking from Kawana
on 22 November, 2008 at 1:22 p.m. ( Suggest removal )
Quite right auditor.

Perhaps the courts should've permanently confiscated his vehicle on one of his many earlier court appearances and convictions for hooning then there would be no cause for argument on whether we're 'misjudging' the poor mite on this occasion.
Posted by scooter from nambour
on 22 November, 2008 at 1:30 p.m. ( Suggest removal )
CRUSH CRUSH CRUSH
Posted by snkoz from alexandra headland
on 22 November, 2008 at 1:49 p.m. ( Suggest removal )
I hope the only person this moron hurts or kills is himself.

He is guilty of wrecklessness and endangering the public. To bury your head in the sand as a judge makes you just as guilty as this moron.

Get the picture?
Posted by Pandanus from Mooloolaba
on 22 November, 2008 at 2:24 p.m. ( Suggest removal )
Well Editor how much more feedback do you need? It seems to me, that as our regional voice is being reported loud and clear on your response pages, now is the time to put your shoulder to the wheel and take this up to the State Gov't.
I have written several times to the respective Ministers but, of course, represent just one voice and generally receive platitudes and a bit of hand wringing. If our leading paper ran with this and solicited signatures from the local residents who have clearly had enough of this anti-social behaviour, the responsible Ministers' would be forced to respond with real action.
The State is quick enough to saturate the region with fine-gathering red cameras on open highways but doesn't seem able to require enforcement of its own laws regarding hoons.
I look forward to your response.
Posted by masmithuk from Mountain Creek
on 22 November, 2008 at 4:17 p.m. ( Suggest removal )
Kid from Cooroy.

My very thoughts.

Looks like a little boy, acts like a little boy. Take his toys away and see if he grows up a bit.
Posted by BlueSage from Noosa Heads
on 22 November, 2008 at 5:19 p.m. ( Suggest removal )
I would like to see a crackdown In Noosa and sunshine coast on

ILLEGAL MUFFLER NOISE!,

Nothing ****s me off more then trying to rest after long day's work, or spending time with family at a park or just generally wanting to go relax somewhere for some time to yourself,

And then some moronic idiot feel's they have the right to go blast everyone by revving the motors of this car.

Seriously, my words to those who have penis size insecurities, go get surgery, rather then bothering the rest of us, screaming it out with your angry revving of your automobile.
Posted by BlueSage from Noosa Heads
on 22 November, 2008 at 5:22 p.m. ( Suggest removal )
Well be honest i would be REALLY unsettled having my mug plastered all over the Sunshine Coast, and being someone who has directly put others lives as risk.

Scary position to be in, very scary.
Posted by oldskool74 from mudjimba
on 22 November, 2008 at 7:39 p.m. ( Suggest removal )
3 problems here

1. a magistrate out of touch
2. weak legislation
3. a very irresponsible kid compensating for something

so he wants to be a hot shot in his car but plays golf?
Posted by ellah from yandina
on 22 November, 2008 at 8:24 p.m. ( Suggest removal )
maybe if this guy kills someone with his car the victims family can sue the magistrate for criminal negligence for allowing a 'serial hoon' keep his weapon...
Posted by JonnoMac from Caloundra
on 22 November, 2008 at 8:48 p.m. ( Suggest removal )
Magistrate Definition: A person clothed with power as a public civil officer; a public civil officer invested with the executive government, or some branch of it.

What branch of government are our Magistrates connected with? Let them go, I can't see anything wrong with what they have done? Get a job, a job where you can do the job and do it properly.
Posted by paulb from nambour
on 24 November, 2008 at 12:59 p.m. ( Suggest removal )
Typical isn't it, I have my windscreen broken by some 21 year old hoon "drifting" on a round about in a white silvia, and I'm still waiting for something to be done about it 4 months, 2 police stations and 25 plus phone calls later, and I will probably still have to pay for my windscreen anyway, and this guy gets to drive his 2nd car to work? I know the police are busy but aren't they having some crackdown on hoons? What a joke! Maybe I would have been better off letting him hit me instead of stopping and getting showered by stones, but my kids were scared enough by what happened. Good luck if you cross paths with these guys and something happens....you will need it!

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