A man will spend at least 12 months behind bars over a bizarre drunken incident where he forced his way into a woman's car while her six-year-old son was in the back seat.
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Luke Peter Enguix, 45, of Denhams Beach, pleaded guilty to charges of common assault, two counts of stalk or intimidate with intent to cause fear, and one count of sexually touching a person without consent in Batemans Bay Local Court on Monday, July 12.
Two other more serious charges were dropped by the DPP.
Enguix was supported by his wife and parents, and was visibly distressed on AVL during his sentencing.
According to police facts, Enguix entered a black Suzuki Swift in the carpark of the Mariners Hotel just after the woman, who was unknown to him, had picked up pizzas from a nearby Domino's Pizza at about 9pm on January 22.
Once inside, Enguix, who was intoxicated, said "take me to the Cat Club, I'll give you $20".
The police facts state the woman recounted being "virtually frozen" at the time, and drove Enguix along Beach Road.
The court heard that while they were passing the Soldier's Club, Enguix placed his hand on the woman's thigh and used suggestive language.
The facts state the woman managed to call her partner without Enguix noticing and kept the line open for the remainder of the trip.
When they reached Club Catalina, Enguix refused to get out of the car, instead telling the woman to drive to the nearby Shell petrol station to get petrol.
The Shell was closed, which prompted the woman to announce she would be going to the Woolworths petrol station on Guy Street.
The facts state Enguix left the vehicle once they reached the service station, and the woman took the opportunity to drive away. He was then captured on CCTV trying to get another lift.
Enguix was arrested later that night at an address on Ibis Place, Catalina, and has remained in custody on remand since that time.
In court, Enguix's lawyer acknowledged his client was drunk, but said there was no intent in his offending.
"It was a request in his mind, not a threat," he said. "He tried to fill up petrol once they arrived as he said he would.
"There was no threat or intent to hurt her, he only put his hand on her thigh."
Magistrate Doug Dick said the offending sat at the "higher end of seriousness", but found special circumstances due to Enguix's mental-health issues.
He sentenced Enguix to two years in jail with a non-parole period of 12 months. Enguix will first be eligible for parole in January, 2022.
