Long gap since last offence aids judge’s decision

A109 Light Utility Helicopter flight with mayor Gisborne City from the air in November 2023.

An incident in which a man drove while intoxicated, and with a child passenger, negated his claim in court of having long since put drink-driving behind him, Judge Warren Cathcart said.

Frank Edward Clapperton, 57, utility arborist, pleaded guilty in Gisborne District Court to drink-driving (531mcg) for a third or subsequent time — his fourth, the most recent previous being in 1998.

Judge Warren Cathcart granted an application for community work in lieu of an otherwise mandatory disqualification, and imposed a total of 90 hours community work.

The judge initially questioned the application, noting Clapperton would almost certainly qualify for a limited licence. A police prosecutor confirmed it was unlikely to be opposed.

But counsel Holly Tunstall submitted the availability of the limited licence option should not be a bar to Clapperton applying for the court's discretionary waiver.

Limited licences were expensive (about $1500 plus GST) and were more restrictive. A disqualification period would also apply until it was granted, Ms Tunstall said.

Clapperton's previous similar offences were many years ago. He could be treated as a first offender. He was a solo father who relied on his employment as his only source of income. He had limited family help, and would struggle to meet his child's needs if unable to drive, Ms Tunstall said.

Judge Cathcart said his ruling in Clapperton's favour was by a thin margin. The 22-year gap since Clapperton's last offence and his obligations as a sole parent were the strongest deciding factors.

While Clapperton had not driven recklessly or carelessly, by driving while intoxicated he had inherently endangered his child passenger. It also threw doubt on Clapperton's claim he had matured and put this kind of offending behind him, the judge said.