Prison term reduced

Press, 17 November 1976, Page 4

Prison term reduced

A sentence of one year’s imprisonment on a teacher, on a charge of driving with an excess blood-alcohol level and causing death, was reduced on appeal to one of three months by Mr Justice Wilson in the Supreme Court yesterday.

The teacher, Arthur Oliver Brinkman, aged 63, was jailed for a year by Mr B. A. Palmer, S.M., in the Christchurch Magistrate’s Court on October 26, after Brinkman had pleaded guilty to the offence, which involved the death of a woman after she was struck by his car at Woodend, in April. Mr C. A. McVeigh, who conducted Brinkman’s appeal, said that the appellant had been a clinical alcoholic for 14 years. He had no pre-

vious convictions for driving or any other offences. If it had not been for the persuasion of his wife, Brinkman would probably not have got into the car, Mr McVeigh said. His Honour upheld t&e submission that the sentence in the circumstances was excessive. He said that the sentence for such an offence varied according to its prevalence in particular areas. Although two appeals against sentences for the same offence had not been upheld, the sentences had been for four and six months. While he agreed with the Magistrate that a term of imprisonment was necessary for Brinkman, he considered that the length of the sentence was excessive, his. Honour said. Brinkman’s driving licence was cancelled for 10 years by the Magistrate, and that order was not the subject of an appeal.