A STAWELL man has been convicted and given a 12-month community corrections order, after pleading guilty to reckless conduct endangering life.
Daniel Faravoni, 28, was sentenced on Tuesday after facing Horsham Magistrates Court on Monday. The court heard Mr Faravoni and two friends went boating in Portland on September 29.
Magistrate Tim Burke heard the trio decided to go late-night fishing after watching the AFL Grand Final the day before.
Reading the summary prepared by informant John Shields of Victoria Water Police, Senior Constable Rebekah Harvey said Mr Faravoni, who was driving the vessel back into Portland harbour, capsized the boat while driving at four times the speed limit of five knots.
She said the three managed to scramble onto the harbour's rock wall, before a passerby in a truck drove them to Portland hospital. Senior Constable Harvey said the group sustained cuts and lacerations as a result of the incident.
"A sample of blood was taken from the accused at 5am showed he had 0.125 grams of alcohol for every 100 millilitres of blood (at the time of the incident)," she said.
The court heard Mr Faravoni's colleagues, Raymond Cook and Tyson Pickering, were drinking a slab of Great Northern beer prior to the incident. Senior Constable Harvey said there was no evidence as to what Mr Faravoni had been drinking.
Mr Faravoni's lawyer Anita Ward told Mr Burke her client was an "avid fisherman and sailor" and "normally a very cautious seaman".
Mr Burke questioned how that could be the case if Mr Faravoni was not aware that under Victorian boating law, vessels must not exceed five knots (eight kilometres an hour) within 200 metres of the shore.
Ms Ward said: "As soon as you head past the five knot sign you floor it and off you go. The boat had tinted windows so he didn't realise how close to shore they were. Since the incident, he has removed himself from these couple of fellows because he has realised alcohol is his demon. He acknowledges it was probably very lucky no one was injured or killed and they just walked away with sore heads."
Mr Faravoni faced seven charges overall, pleading guilty to reckless conduct endangering life, driving with excessive speed and driving while intoxicated.
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