A carpenter caught driving while disqualified for the 21st time has escaped a jail sentence, but earned a verbal hammering from a judge.
"It is clear you have no sense of responsibility whatsoever for the rules that are supposed to keep the rest of us safe," Judge Geoffrey Ellis told Michael Wilson, a recidivist drink-driver, before ordering his car to be confiscated. "I cannot envisage a time when you should be allowed to drive."
Wilson, 39, from Upper Hutt, was stopped by police in Lower Hutt on St Patrick's Day after a member of the public complained about his driving.
He pleaded guilty to drink-driving, after recording a breath-alcohol level of 898 micrograms – more than twice the legal limit. It was the eighth time Wilson had been caught drink-driving
EIGHT drink-driving convictions, and TWENTY-ONE convictions for driving while disqualified; you'd think that Wilson would be doing time for sure; but no; read on (our emphasis added):
In Lower Hutt District Court yesterday, Judge Ellis said: "One can hear the outcry that you should be locked up and the key thrown away, but I don't have that power."
A jail term would probably be overturned on appeal, he said.
He noted that, when Wilson was arrested, it was just a month since his last offence. "And yet there you were, all tanked up and driving."
Wilson was disqualified for a further two years on top of his current driving ban, meaning he will not be able to drive until at least 2014. He was also sentenced to five months' community detention.
Now, as we've said a few times before, we are mere bush lawyers. But even to our untrained legal eye, this seems to be a bizarre sentencing. Back in the 1970's we worked in the Court system, and we have vague memories of the maximum sentence for a second or subsequent offence of driving while disqualified being five years' imprisonment. It would appear that something has changed along the way.
Back in those days, court sentences meant something, and were enforceable. That seems to no longer be the case. And is it worrying that a District Court Judge is considering the likelihood of an appeal when he passes sentence? We would have thought it was the other way around; that the Judge imposed the sentence the he or she thought was justified for the offence, and worried about an appeal if and when it was lodged.
It seems to us that the law in this case is an ass. If someone is able to drive drunk and disqualified with such impunity, then clearly the sentencing options available to judges are inadequate. This offender clearly has no intention of mending his ways, and yet the sentencing judge clearly didn't think he was justified in jailing him. We're just glad that we don't visit Lower Hutt very often, and that our chances of a driving encounter with Michael Wilson are low.
5 comments:
4 years ago I would have been suspicious of friends in high places but since his name is not Power, Smith or Key I will be accepting that it is just a gross aberration within the judges collective view on sentencing.
Clearly a couple of years in the pokey might give him time to reflect but that sentence will have him down at the club/pub celebrating another victory for him and then drive home drunk as we blog.
Sheesh!!, unbullievable as in excremental.
Very interesting Penny, but totally irrelevant to the subject matter of the post on which you placed it.
On the topic of the law being an ass I released the following statement:
The other day at the Auckland Council meeting, I took along ‘Rita’ and ‘Peter’ (our demonstration water meters), plus a clamp which I had removed with an angle grinder, and explained VERY clearly to all Councillors and representatives of Watercare who were present, that the Water Pressure Group would simply not tolerate water restriction being used as a means of debt enforcement.
To assist – I used our demonstration water meters to show HOW water meters were restricted, and we would unrestrict them.
I took (and take) FULL personal responsibility on behalf of the Water Pressure Group for unrestricting water meters and training hundreds (hopefully thousands) of citizens to defend their household’s basic human right to water.
In the ‘bad old days’ (before the Local Government Act 2002) Metrowater (contractors) used to restrict water meters in order to try and punish Water Pressure Group members – although we had put in writing ‘letters of dispute’ – to which Metrowater had never replied.
We formed the famous Water Pressure Group ‘Turn On’ Squad, and took out the restrictors. Then Metrowater (contractors) removed the water meters.
Water Pressure Group ‘Turn On’ Squad members then put in connections, which effectively replaced the water meters.
Metrowater contractors were then instructed to ‘permanently’ disconnect water services to some WPG members, which involved turning off the street mains, digging up the street and removing water pipes.
In broad daylight, after notifying the Council, Police, Metrowater and media – the Water Pressure Group organised the famous ‘street dig ups’ which involved up to one hundred WPG members and supporters wearing “DUMP METROWATER” sashes, and all having a turn putting our feet on the shovel helping to dig up the road.
The water pipes were replaced – concrete was then poured over the pipes, and the water supply was turned back on, all shown on national TV.
Metrowater had run out of plumbing options.
They had done their worst – we ‘undid’ it.
The result?
A law change, which the Water Pressure Group literally won ‘on the street’. Under the Local Government Act 2002, it became unlawful to disconnect water services as a means of debt enforcement.
(When the people lead – the politicians will follow?)
So folks!
If your water meter is restricted using a clamp – here is how you fix it.
www.youtube.com/watch?v=FzccHIB3paQ
(Thank you ‘Sofia’ for helping to ‘spread the word’. Much appreciated.
Other You Tube clips will be made showing how to remove restrictors in both ‘in-line’ and ‘manifold’ meters.)
Penny Bright
waterpressure.wordpress.com
Very clever Penny; just don't take the host's good nature for grated ...
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