Sunday, June 19, 2011

Justice Roderick Howie charged with Mid-range drink driving

Well, well, well, won't this make an interesting plea in mitigation?



Back in 2004, the NSW Court of Criminal Appeal delivered a guideline judgment relating to the sentencing of high range drink-driving offences. And who wrote the judgment with which the other members of the Court agreed?

None other than Howie J, who at Ryde Local Court this Wednesday will be referred to as the defendant. 

Some excerpts from the guideline judgment:
[7] It is trite to observe that, what is commonly referred to as, “drink-driving” amounts to socially irresponsible behaviour of a very significant degree having regard to the potential consequences of any driver on a public road being unable to properly manage and control a motor vehicle. It must also be a matter of common knowledge within the public in general that it is a criminal offence to drive a motor vehicle whilst under the influence of alcohol and that substantial penalties, including imprisonment, are available to the courts to punish those who commit the offence.
...
[102] A person, who commences to consume alcohol outside his or her home, must appreciate that he or she runs the risk of reaching a level of intoxication at which it is a criminal offence to drive a motor vehicle. As alcohol is continuously consumed, not only does that risk increase but also the potential seriousness of the offence increases 
... 




[118] This Court has frequently observed that the fact that the driver convicted of an offence under s 52A is of otherwise good character is of less relevance than it might be in sentencing for other types of offences: R v McIntyre (1988) 38 A Crim R 135 at 139. This is because of the prevalence of the commission of the offence by persons of good character and the importance of general deterrence: R v Musumeci (NSWCCA, 30 October 1997, unreported).

    [119] This observation applies equally, in my view, to sentencing for PCA offences in general and high range PCA offences in particular.  
    ...
    [142] Generally speaking the reason for the consumption of alcohol will be irrelevant. The offence is not concerned with punishing the drinking of alcohol but with the driving thereafter. Therefore, it is of no significance that the alcohol was consumed at a wake or a celebration, or because the person was abusing alcohol either generally or on the particular occasion because of some emotional or psychiatric condition. Yet in a number of the 199 random cases, the reason for the consumption of alcohol seems to have been a factor in the magistrate making an order under s 10. For example, in one case the magistrate apparently took into account that the offender had consumed alcohol after being with her brother who was dying of cancer. As much as this fact might give rise to feelings of sympathy for the offender, it had nothing to do with the culpability involved in driving at high range PCA. It may have simply indicated that the offence was unlikely to occur in the future so that specific deterrence was not a consideration. 
    ...
    [143] Clearly the subjective features of the offender are relevant to a determination of the penalty for any offence, and high range PCA is no exception. But general sentencing principles require that the penalty reflect the object seriousness of the offence and that too much allowance cannot be given to subjective features particularly where deterrence and denunciation are important factors in sentencing.
    ...
    [144] ... The fact that a person is unlikely to offend in the future does not generally mitigate the criminality of the offence ...

    4 comments:

    1. This fiasco makes Justice Howie look like an incompetent fool. Pontificating from on high to us lesser mortals then committing an offence which requires a court to dispense a punishment for which he has personally commented on, and determined that, "socially irresponsible behaviour of a very significant degree having regard to the potential consequences of any driver on a public road being unable to properly manage and control a motor vehicle etc.... So the question then surely must be; How has Justice Howies drinking affected his court decisions, and was he under the influence at the time he handed down some of his more contraversial decisions? If he has chosen to drink and drive and has made a presumption that he either will not be detected,or, erroniously, that his drinking will not affect his duties as a member of the judiciary, then he has another think coming. It is my opinion that any person who has been convicted by Justice Howie should seek a re-trial based on the fact that Justice Howie may well have been affected whilst on the bench. I think it would be fair to say that if Justice Howie has decided to drink and drive, then it's a fair bet he has a drinking problem and may well have made decisions in the Supreme Court whilst under the influence

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    2. Sentencing "is my passion". Howie J was quoted. Does this retired judge with no compassion, nor understanding of human nature, or the frailties of human beings who make errors of judgment, now want to revisit the reprehensible themes that permeate all his judgments. This rude obnoxious former judge may now see the light. Somehow I do not think so, as it is ingrained into his DNA

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    3. Looks like he got done at 9.30am on a thurday morning... for mid range. Must have been a big breakfast?

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    4. IMHO way too many within the legal fraternity, as stated by the Law Society, are drugged whilst standing before a court of law representing innocent clients. One wrong is as unforgivable as the other and neither makes a right. Only a well balanced 'conscience' knows the difference between right and wrong. Drugs and alcohol effect the conscience mind no matter which way you look at it. Arrogance takes over the role of knowledge. I am above the law principle; in response- you are until you get caught or if you should kill an innocent person whilst drunk or drugged behind the wheel.

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