Appearing in the Hamilton District Court this
week, Judge Stephen Clark sentenced him on his 12th drink-driving conviction and 13th conviction for disqualified driving.
While that’s a hefty wrap sheet, Salmon was more concerned about being banned from drinking if he was given an electronically monitored sentence.
His counsel Hayden Bell valiantly kept him out of jail, after explaining how he “discontinued” his application to go through the alcohol and drug treatment court as he “didn’t believe that abstinence was realistic”.
Asked by the judge what he’d done instead to help himself, Bell replied, “nothing at this stage, sir”.
“That’s not going to fly,” the judge replied. “Not on his 12th [conviction].”
Bell said his client “would take issue with the condition not to consume alcohol”.
Judge Clark said not including an abstinence clause in his sentence was problematic for two reasons.
“You are the sort of person who needs to abstain from alcohol because you are a danger to yourself and anyone else on the road in your vicinity.
“Notwithstanding the fact that there has been some gap in time since your last drink driving conviction ... given that you appear for the 12th time ... realistically the only available sentence is prison or home detention.”
Not consuming or possessing alcohol was a standard condition in any home detention sentence and one that Judge Clark said would remain.
Salmon was sentenced to seven months’ home detention and disqualified from driving for 15 months.
Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for eight years and been a journalist for 19.
