Lawyers for a talented local dancer and a fire suppression business owner have failed to secure non-conviction orders for traffic offences, which both included high range DUIs.
The pair were caught and arrested on the 24th and 25th May this year and may have gotten home those nights, if each had managed to remain on the road.
They both faced Darwin local court yesterday.
Judge Therese Austin was told by barrister Michael Drury that a conviction would affect his client's ability to access defence bases and Holtze prison for his employment, while Thelma Gray asked for a non-conviction so her client could still travel overseas to locations like America.
Both barristers brought up submissions of a Section 8, but were unsuccessful without enough evidence on how their cases met the criteria.
Defence barrister Gray spoke to the judge about her client: "Your honour, as well as working in hospitality, [she] is a choreographer and a dancer.
"She has aspirations of one day making it internationally, or going overseas to perform.
"There are a few countries that will not allow persons with convictions to enter, and unfortunately some of those countries, and I will nominate the US as one of them, regardless of when you have the conviction, it will follow you.
"Unlike Australia, where there's a 10 year spent conviction; theirs is, you've got it, and you're stuck with it for life.
Minutes earlier in the previous case, defence barrister Drury outlined his client's case for a non-conviction order as well: "In relation to his sentence, I do feel I owe my client, due to his good character and lack of criminal history; I would make a Section 8 submission.
"I know that that's somewhat unusual your honour. This is a man that works on army bases, RAAF bases, navy bases, and Holtz correctional facility your honour.
"If he's convicted of these offences, he does instruct that he's going to lose his work on those bases in relation to the appropriate cards you have to have for entry into those places your honour."
Judge Austin: "Can you get it back at any stage?"
Defence barrister Drury: "It's my understanding that a conviction is a conviction your honour. Until it's a spent conviction, which I believe is 10 years.
"Your honour I would make a submission that it's very extreme extra-curial punishment for that to happen."
On the second high-range DUI hearing, the judge responded more directly and sharply to the sniff of a Section 8 submission.
Judge Austin: "Ms Gray, there's no evidence before me that your client is going to travel overseas, and it's inevitable, and that as a result of that, she won't be able to get into another country, and it's impacting her future career or her development.
"There's actually no evidence of that.
"Everybody might want to go to America. I deal with hundreds of drink driving matters.
"Thousands go through this court each year, and everyone might want to go to America, but that does not mean this court does not impose drink-driving convictions for people who might want to travel to America in the future for something, including aspiring artists.
"It's not enough.
"The court of appeal is very clear. I won't be persuaded otherwise, about some speculative plan that might happen in the future. There's no doubt she's talented."
The dance choreographer's Subaru Impreza crashed through a fence and came to rest in a cemetary on Gardens road at 4.30am.
Crown prosecutor Rebecca Everitt read from the agreed statement of facts that a roadside breath test blew 0.2, before blowing 0.173 at the watch house.
"She was slurring, swaying and staggering."
Defence barrister Gray said: "It's my submission your honour, we have a 26-year-old young woman, who's come before the courts. She's totally a clean skin in regards to traffic and antecedence history.
"At the age of 26 she also owns her own home, that she has earnt and paid for on her own endeavor."
Judge Austin: "She owns the home?"
Defence barrister: "She owns her own home"
Judge: "I'm jealous."
Barrister: "Aren't we all your honour.
"She was with friends on the night in question, and it was not her intention to go out. It was a house warming. They decided they were going to go out to Discovery.
"Unfortunately she was drinking shots. Vodka and water. She had three of those, and then she had coconut and tequila. The drinking started late in the night, and then they ended up at Mayberry's.
"During this time she didn't have any food prior to drinking and having those shots, but she did end up having a coffee and a hash brown.
"She became what we could call an alert drunk, because she started drinking Red Bulls. She did not turn her mind to the fact that the alertness provided by whatever's in Red Bull, gave her a false sense of security.
"She got in a vehicle because she did not think she was drunk. She was not really considering how much she had.
"Unfortunately she had an accident. She didn't run away from it. She stood by the vehicle and was approached by police who did the test.
"As a consequence if she tried to travel internationally to follow that career path, she's going to be stymied.
"Your honour, when this accident occurred, she scared herself. The fact that she was so unable to recognise the fact that she was intoxicated.
"She sought assistance from Amity, and that is where you see there. She has shown a level of remorse that although she could not recognise the fact that she was drunk, it concerned her enough to get some help.
"It is noted there in her references that she is a dancer and a choreographer, and aspires to greater things."
In the other high range DUI case just prior, crown prosecutor Rebecca Everitt read out from the agreed statement of facts: "Prior to leaving Peel Street in Darwin CBD the driver crashed into a parked vehicle."
The prosecution said the driver was captured on CCTV exiting his vehicle to examine caused the damage caused in the crash, prior to leaving the scene in a westerly direction.
"He failed to stay in the correct lane, hitting the curb on the opposite side of the road causing damage to his vehicle.
"The defendant is seen parking his vehicle on the esplanade, leaving the vehicle running.
"Constables were waved down by a pedestrian and informed of the defendants driving actions. The defendant was located in the driver's seat of the vehicle with the engine on.
"He was subject to a roadside breath test which indicated a positive result for alcohol. He was placed under arrest for the purpose of a breath analysis.
"He was observed to be unsteady on his feet and alcohol could be smelt on his breath.
"The defendant was searched prior to being placed in the rear cage of the marked police vehicle, and was found in possession of a bag containing nine capsules of a red crystalised substance and three and a half pressed blue pills which were located in his pants pocket.
"The defendant was asked what the substances were and he replied ecstasy and cocaine."
The man blew 0.171 at Palmerston watch house.
Defence barrister Drury spoke in court on his client's mitigating circumstances: "Your honour, my client instructs he's currently going through a difficult divorce with his long-term wife.
"The property is settled in relation to the separation has been ongoing, and somewhat torturous. It's the way these matters do become acrimonious; they can be difficult on both parties your honour.
"My client has two children with his ex-partner, four years old and seven.
"He is a man who's always supported his children emotionally and financially your honour.
"He's a loving and doting father.
"He originally came to Darwin in the army. He was in a tank regiment and has served his country well. After the army he worked in civil constucction.
"He is currently in his own business, which is a fire suppression business, your honour.
"He also works part time on top of that for another fire suppression company your honour.
"I am instructed that due to his relationship breakdown he had been self medicating with drugs and alcohol, somewhat heavily the past six months.
"He instructs that he has been suffering from anxiety and depression, and although those are undiagnosed, your honour, my discussions with him; he is clearly suffering some symptoms in relation to the breakdown.
"He instructs he had mostly been self-medicating with cocaine and alcohol, and then methamphetamine on this occasion was somewhat unusual, and he instructs that he hadn't been using methamphetamine prior to this.
"Your honour can see there is a letter from his health professional. You can see that he's got a psychologist consultation that pre-dates the offending.
"This is a man that had realised before this offending; his going and finding help your honour, it wasn't a single attempt to, because of the offending.
"This is a man who had gone off his own back and had got counselling previous to this offending, and I would ask your honour to take that into account.
"In relation to the objective circumstances your honour, on the night in question my client had finished a long day at work.
"He went to the pub. He accepts he drank quite heavily, and when he was intoxicated with alcohol, he ingested some subtances that he tested positive for your honour.
"He accepts he drank and took drugs to deal with what he says is the pain in his family unit breakdown.
"He does instruct he wouldn't drink and drive and with drugs in his system.
"He instructs he had a day off work the next day, so he somewhat felt free in a sense that he didn't have to go to work tomorrow. He let his hair down, and made a mistake in relation to the offenidng.
"Your honour, in relation to the faillure to report the accident, he does instruct he felt the impact. He pulled over. He stopped. He got out. He saw what he saw.
"No damage to the car that he had hit. No damage to his car. On that basis, he saw no damage and thought there was no need to report the matter."
Judge Austin: "This man's got coke and meth in his system AND hits a car, AND gets out, AND he has a look, AND gets back in and drives away.
"I think he did it because he wanted to get away with it, but he didn't get away with it because he's so under the influence of drugs and alcOhol that his judGEment is obscured."
- Judge Austin
"He thinks he can get away with it. That's what drugs and alcohol do. He knows that. He knows that.
"He's sitting here and he's sobre. He is remorseful, he's really made a very poor error of judgement.
Prosecutor Everitt said: "Your honour, the crown is opposed to the Section 8 disposition. Firstly, I note there is no evidence before the court in relation to the influence that a conviction will have on his employment."
Judge: "I don't know that I have any evidence that he would not be able to go into that environment. How long he might be banned for.
"What do you say about Mr Drury's submission about the personal use aspect of the drugs. Are you argunig against that?
The prosecution agreed there was no conspiracy to supply.
The judge elaborated on the affect of drugs and alcohol in today's society: "Alcohol is actually one of the most addictive drugs in the world.
"It causes more trouble than MDMA, than cocaine. It is the most addictive drug in our community.
"It wreaks havoc on personal relationships. It wreaks havoc on our roads. It wreaks havoc on people's mental health, their work, and their relationships.
"So all the focus on dangerous drugs? You can do it all you like, but alcohol is the worst drug that we have in modern society. Especially in the Northern Territory.
"I'm going to make the decision for you today about alcohol. You did do several things in that motor vehicle that indicated you were not responsible and not able to control that car.
"I am finding that it was because of the alcohol; that was why you crashed the car, and couldn't keep it in the lane, and that is why you mounted the curb.
"That was the problem that night, not the cocaine in your system.
"I am going to give you a communtiy corrections order, because of all the mitigation. You are not to consume any alcohol for the next 12 months, and you are to subject to NT police if they request a test.
"You are not to purchase, consume or possess any dangerous drug. You are not to drive a motor vehicle for the next 12 months."
Judge Austin said of Ms Gray's cemetery crash client that she did come before the court with "excellent references" but that "objectively" her case was very "standard", rejecting the idea of a Section 8 and non-conviction order on that one too.
Both were convicted and disqualified from driving for 12 months.
We are The Mango Inquirer.
