No jail for man using brother's identity

Brotherly love only extends so far for Whangarei motorist Samuel Trevor Waihi.
When stopped by police and given a breath test, Waihi used his brother's details to try to evade arrest because he did not have a driving license.
But Waihi's deception caught up with the 38-year-old unemployed man when he appeared for sentencing in the Whangarei District Court yesterday  for the fourth time on a charge of perverting the course of justice.
Waihi identified himself as his brother, Frederick John Fisher, when stopped on Avalon Drive, Hamilton about 8.30pm on February 25, 2009.
Police checks revealed that Fisher had an active warrant out for his arrest and Waihi was arrested.
He appeared in the Hamilton District Court the next day under his brother's name and pleaded guilty to a charge of drink driving.
Subsequent police inquiries revealed the real Frederick John Fisher lived in Australia.
Waihi then admitted lying, saying he gave false details because he did not have a driver's license.
In the Whangarei court yesterday Crown prosecutor Anna Patterson  said Waihi lied on three previous occasions- once in 1997 and twice in 2000- and had an appalling drink driving history.
She said Waihi had previously being convicted and discharged for perverting the course of justice and a sentence of more than just community work was needed to deter him.
His actions could have resulted in his brother being arrested on driving charges if he came to New Zealand, she submitted.
Ms Patterson said such offending struck at the heart of the judicial administration and created more workload for police.
Waihi's lawyer, Kelly Hennessy,  said his client pleaded guilty at the earliest opportunity and was remorseful.
He submitted that community work and supervision rather than a jail term were a healthy punitive option.
Judge Graham Hubble  said perverting the course of justice was a serious non-violent offence that warranted jail. However, he put Waihi on a final warning and ordered that he undertake six months' community detention and 12 months' supervision.