Drink-driver fortunate to strike different judge

Gisborne Courthouse. File picture by Rebecca Grunwell

A SINGLE mother warned by a visiting judge he would jail her for her repeated and highly intoxicated driving, was lucky to face a different judge this week at sentencing.

Eden Monteith, 27, waitress, admitted drink-driving for a third time and with a breath-alcohol reading of 1077 micrograms. She appeared in Gisborne District Court for sentence last week by Judge Allan Roberts.

A pre-sentence report recommended supervision and community work but Judge Roberts said that was “adrift of reality”.

He wanted Monteith jailed but would not do so in the absence of assigned legal counsel. He wanted to remand her in custody but agreed to continue her bail.

To duty solicitor Alistair Clarke’s submissions that Monteith was a single mother who needed to make some arrangement, the judge said that did not seem to affect her when she was pouring large amounts of liquor down her throat.

She had since her court appearance last November to make arrangements and had failed to communicate with her counsel.

“No one will sit idly by while you tip liquor down your throat endlessly and drive. Inevitably you will kill someone,” the judge said.

“I’m not trying to force abstinence on you but when you drive after consuming liquor the court’s job is to do something about it.”

He granted the adjournment for counsel to be assigned and only until this week.

Monteith appeared for sentence by Judge Warren Cathcart, with counsel Stephen Taylor representing assigned counsel Bryony Shackell.

Judge Cathcart pulled Mr Taylor up for not mentioning Judge Roberts’ comments from the week before. Mr Taylor said the assignment was a very recent one. The serious risk Monteith posed to other road users was appreciated.

But she had now enrolled for appropriate counselling and was due to attend her first session this week.

She had been routinely stopped. Her prior offences were in 2009 and 2010, a considerable time from this offending, Mr Taylor submitted.

Mr Taylor pointed to Judge Cathcart’s sentencing that day of another drink-driver in similar circumstances. That man had received community work and supervision — as was similarly recommended for Monteith.

To imprison her would be inconsistent, he said.

Judge Cathcart said it was fortunate Taylor had come before a different judge. Judges were not bound by each other’s comments.

Judge Roberts had made some pertinent points, particularly the risk she posed on the roads. A pre-sentence report assessed that risk as high unless she addressed her alcohol use.

She could potentially kill someone.

But while Judge Roberts saw prison as inevitable, in Judge Cathcart’s view it was not warranted, he said. He imposed nine months supervision, 140 hours community work and disqualified her for a year and a day.

The judge warned Monteith that with Judge Roberts’ memo on file and this sentencing, she would never get such leniency again.