A highly-commended senior constable from NT police has pled guilty to high-range DUI but avoided conviction, after barrister Peter Maley successfully laid out a defence that included exposure to work incidents, forming a diagnosis of PTSD.
The officer of 20 years was breathalysed in his Toyota Landcruiser on September 10th after driving on a footpath at Leanyer Recreational Park, Vanderlin Drive.
Barrister Maley told judge Greg MacDonald: "I've got a report from doctor Daniel Wood who is a psychiatrist, confirming a diagnosis effectively of PTSD. There is a primary diagnosis."
"I have a number of documents that are effectively commissioner's commendations, appreciation and letters of recognition.
"Your honour, he has been studying at the Charles Darwin University doing Eco Assistant Management and Conservation. He is grappling with a range of alcohol issues.
"He'd been binge drinking. He'd had too much. He'd been driving a motor vehicle [inaudible].
"Police were notified [inaudible] was arrested. [Inaudible] was a high reading."
"He has put himself on the BDR. He's done that. His father's in court today supporting him. He has support of family.
"Your honour, he has, as you can see, a formal diagnosis from some of the traumatic incidents he has been exposed to during the course of his employment.
"There are letters from the families of deceased persons who have written to the police thanking him for his conduct in grieving their loved ones, as an underwater diver retrieving bodies."
- Barrister Maley
"All up I think there's five. There's an appreciation from the police commissioner, and one commissioner's commendation. He saved several lives.
Judge MacDonald: "[Inaudible] distinguished and bravery."
Barrister Maley: "Yes. Your honour, you'll also note, [inaudible] in his psyche report is mental health issues have been acute. He's spent some 11 weeks [inaudible] inpatient on and off, dealing with issues he's grappled with.
"It is a high reading aggravated by the manner of driving.
"So your honour, in these highly unusual personal circumstances, I ask the court not go beyond the minimum disqualification.
While Mango's audio recording was at times difficult to hear, it appeared the defendant's barrister concluded with was asking for a section 8 and/or section 10 in relation to the charges.
The crown prosecutor put forward her submissions noting that some of the documents were "quite dated", and said the reading was "five times over the legal limit at 0.262."
"The defendant's moral capability is elevated given he's been a seasoned [inaudible] for 20 years, and he's well aware of the [inaudible] outcome could be far worse.
"The maximum penalty for the first offense for someone with no priors is 10 penalty units or imprisonment for 12 months. Also, for a first offence, he must be disqualified from attaining a license for at least 12 months.
"Noting there was no objection to the defence materials, but just for the record, I didn't have sufficient time to read them in-depth.
"In response to my learned friends submissions regarding section 8 or 10, the prosecution is certainly against a section 10 application for unconditional dismissal.
"And we're also opposed to a non-conviction order, given the offence is not of a trivial nature, and the defendant's mental condition must be weighed against the severity of the offending.
"As well, our submission relies [inaudible] on the circumstances noting this treatment has been ongoing for several years, and the defendant does have support in both monetary and [inaudible] available to him."
In delivering his sentence, Judge MacDonald said: "You served as a member of NT Police for 20 years. I'm sure you've attended fatalities that are alcohol-related.
"Your reading on September was particularly high. It's not any excuse whatsoever, that that degree of reading, that you were certainly impaired in your judgement.
"You've had a long-distinguished and brave career with NT police, and you have no prior convictions.
"The prosecution has submitted that there aren't any extenuating circumstances.
"Drink driving is not the most serious offense in the criminal calendar. It is punishable by up to two years in prison I think.
"Your behaviour on the 10th September is a particularly egregious example of drink driving. I've got to say you weren't absolutely full and frank and honest with the members who arrested you.
"You might not have given them any grief as you shouldn't be, but you should have fessed up to exactly how much you had to drink. You said you had [inaudible] amount to drink.
"It's clear from the documentation handed up to the court you've had your challenges."
"It would appear to me on it's face, that the challenges that you've been facing and struggling with, including for example the admission to hospital; it's certainly got some genesis in your experiences in service, as a sworn member."
- Judge MacDonald
"Issues of health; issues of the triviality or otherwise of the offending; issues of character. The three things of a section 8 [inaudible] in your situation.
"In the circumstances I found count one and two proven, without conviction.
"For driving on a footpath and driving high range I fine you $1,800. That's very close to the maximum.
"In addition, I order a community corrections order of one year.
"I also disqualify you from driving for 12 months."
After sentencing, Judge MacDonald added: "I should say for the record; I didn't ultimately convict the defendant, because I think I'm entitled to take notice of the proposition that it could possibly have some untoward-affect on his current and future vocations.
"In terms of current vocation, who knows, I'm not here to [inaudible] any evidence.
"It certainly goes without that saying that members of the police can suffer the ultimate consequence of termination of their employment. I don't consider workers compensation as necessarily [inaudible] termination [inaudible]."
We are The Inaudible Inquirer.
With significant hearing loss from years in artillery, Mango requests all court staff, judicial officers, lawyers, judges, and witnesses consider lifting their voices during oratory deliveries.
Take a leaf out of John Tippett QC's book, but less shouty.
