Supreme Court DRIVING BAN

Press, Volume CXI, Issue 32703, 4 September 1971, Page 15

Supreme Court DRIVING BAN

I Period cut on appeal An appeal by Lawrence James Anderson, a builder, of Ashburton, against cancellation of his driver’s licence for three years on a charge of driving with excessive alcohol in his blood was upheld by Mr Justice Wilson in the Supreme Court yesterday. His Honour reduced the term of disqualification to one year. The term of disqualification is not to take effect for a fortnight to give Anderson time to apply for permission to drive in the course of his work. Anderson was fined $l2O and his licence was cancelled for three years in the Ashburton Magistrate's Court on a charge of driving a truck at Ashburton on March 21, 1970, with a alcohol level of 220 milligrams. An appeal against conviction was upheld by Mr Justice Roper in the Supreme Court, and the conviction was quashed. The case was then taken to the Court of Appeal, which restored the conviction and remitted the case to the Supreme Court for consideration of an appeal against sentence. Mr J. G. Leggat, for the appellant, said yesterday that Anderson had had disqualification hanging over his head for a year. He submitted that the period of disqualification should be reduced from three years because it was a severe penalty and was out of proportion to terms imposed in similar cases. Mr N. W. Williamson, for the. Crown, said that, considering the long history of the case, he could not resist the reduction of the three-year term of disqualification and he suggested that a year to 18 months would be appropriate. His Honour said that he thought that in all the circumstances, and particularly because there was no actual dangerous driving involved, the disqualification of three years was excessive. The fine of $l2O was not altered.