Judge Rowe warned Schoenwald the starting point for sentencing was imprisonment.
”I’m not saying you will be going to prison, what I am saying is that public safety is first and foremost.
“If you can’t keep people safe then that becomes the judge’s job.”
Judge Rowe remanded Schoenwald at large to reappear for sentencing on July 28 for a probation report.
Judge Rowe also raised the issue of public safety when sentencing Finesse Nikora on a charge of drink-driving. Nikora recorded a breath-alcohol level of 1115 on March 8.
Judge Rowe said police visited Nikora at her home following a complaint about her erratic driving from a member of the public.
When police arrived, Nikora was seen getting out of her car holding a bottle of beer.
”Your reading was four and a half times the legal limit. This is your second drink-driving charge within five years. That offence also had a very high reading of 762, which is three times the limit.”
Judge Rowe said Nikora was driving at 6.20 on a Wednesday night.
”The time of day that you were driving is of particular concern. It’s a time when parents are out picking up their kids after sports practice or picking up groceries with kids in the car.”
Judge Rowe said the expectation was that drivers were sober and safe.
”I don’t think this reflects the real Finesse Nikora. This is a good chance for you to reflect on the past and ensure it doesn’t happen again.”
Lawyer Nicola Graham said Nikora did not have a vehicle so an interlock device would not apply.
Judge Rowe sentenced Nikora to nine months’ supervision and disqualified her from driving indefinitely.
”In the meantime, if there is anything else in the background that has contributed to this, now is the time to sort it out,” said Judge Rowe.
