Fine Instead Of Gaol Term

Press, Volume CIX, Issue 32295, 13 May 1970, Page 6

Fine Instead Of Gaol Term

A sentence of 14 days imprisonment imposed in the Magistrate's Court on a man for driving with more than 100 milligrams of alcohol per 100 millilitres of blood was quashed on appeal in the Supreme Court yesterday. Mr Justice Wilson substituted a fine of $lOO on John Taylor, aged 43, a walersider, and cancelled his driver’s licence for three years. Mr L. G. Holder appeared for the appellant and Mr W. S. Smith for the Crown. Mr Holder said that t”knew of no other casChristchurch where a offender on this charge i. been gaoled. He knew of only one other case where imprisonment had been imposed under this section and this Involved a person who had a previous conviction for the same type of offence and whose blood alcohol content had been between 380 and 390 milligrams. It had been suggested that this person could have died because of the amount of alcohol he had drunk. Mr Smith said that before the present case had been heard a Magistrate had remarked about the prevalence of this type of offence and had stated that heavier penalties would have to be imposed if there was not a reduction. His Honour said that he accepted that the offence was a prevalent one and that it did not seem that the sentences which had been imposed were having any marked effect in discouraging persons from excessive drinking before driving. . He would not like it thought that, although the present offence was a lesser one than driving under the influence of drink, a sentence of imprisonment was inappropriate in the proper circumstances, said his Honour. Taylor’s offence was a bad one of its kind. However, he noted that it was his first offence and that a prison

sentence had not been imposed previously in such circumstances. In those circumstances he thought that a sentence of 14 days imprisonment on a first offender when the maximum for the offence was a month, was inappropriate and excessive. His Honour said that he would take into account that Taylor had spent three nights in custody—one after he was arrested and two after he had been sentenced.