A DRINK-driver who caused a fatal crash in Central Queensland has avoided further time behind bars after a judge labelled it "unjust" to send him back to jail.

Instead a jail term of three years and four months will hang over Joel Benjamin Marschke's head for another three months.

He had knocked back between eight and 10 cans of bourbon when he fell asleep at the wheel on Moranbah Access Rd in March 2015.

His actions caused a head-on collision that killed the other driver. As a result he was jailed for five years - suspended after 20 months - and disqualified from driving for five years.

Mackay District Court heard Marschke breached his suspended sentence by riding a motorbike on October 11 last year.

Defence barrister Scott McLennan said Marschke had been mostly out of work for two years when someone offered him a job at Eton and he made the decision to ride the motorbike.

Mr McLennan said his client had specifically chosen the bike "because he thought, 'well if something happens I'll be the one to die, not someone else'".

Joel Marschke leaving Mackay District Court after pleading guilty to breaching a suspended jail sentence.
Joel Marschke leaving Mackay District Court after pleading guilty to breaching a suspended jail sentence.

The court heard there was nothing about his driving that raised concern, it was a standard licence check, and he was not adversely affected at the time.

Mr McLennan said the 31 year old had completed the induction for the army but was told he could not join until his sentence was finished.

The court heard he also had completed a traffic offender program late last year.

Judge Paul Smith said it had been proven Marschke had breached his suspended sentence.

"I think in all of the circumstances it would be unjust to activate any or part of the sentence," Judge Smith said.

Instead he extended the operational period of the suspended sentence for another three months.



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