Hello All.
By now you would have heard that the DPP won their appeal against the lenient sentence handed down to Carney by Waverly Court for drink driving. Here is how it went, for anyone interested;
Carney appeared in court with three mates, one being his solicitor (Unlike Brett who was surrounded by supporters and players). The DPP barrister outlined the history of this matter, that being of the original sentence imposed by the Magistrate at Waverley of 6 mths suspended prison and 10 months suspension of license.
Strangely later that same day in chambers, she varied the judgement to that of a 10E Bond only. There appeared to be no record of why she made this decision.
This provided the DPP with the grounds of appeal, namely that
1. The Prosecution were not notified of this change
2. The sentence was inadequate given Carney's driving and criminal history.
While Carney sat in court all suited up, some other poor unfortunate sat in the dock in a tee-shirt waiting for his case to be heard. The Judge had an adjournment to read over the original brief and other court documents.
I caught the lift down to the ground floor with Carney and his mates and they sniggered and laughed, appearing in good spirits.
On the return to court, the DPP person outlined the original case stating that Carney had been given the benefit of two prior 10E judgements, and stated his traffic offence record was 'appalling'. Amongst other offences he has two mid-range drink driving offences and an offensive behaviour and malicious damage offence registered, as well as having had imposed a curfew by the Goulburn District Court due to his drinking.
She called for the judge to set a conviction, disqualification and a bond.
Carney was called by his beak to give evidence.
He stated he'd been fined 10 grand by the roosters, was attending a drink driving program, salvation army lifestyle program, sport fitness program, and seeing a counsellor on a regular basis.
Although he described his traffic record as "very dissappointing", he said all the programs were "going good". His brief then talked about the death of his father and other issues that impacted on this unfortunate life,as well as co-operating with the cops and doing good deeds in the community..
The Judge found that the Waverley Magistrates initial sentence of 6mths suspended sentence of a 10 E was unsound. The drink driving was 0.052.
He then imposed an additional 1000 dollar fine, 12 months disqualification to begin today, and a two year bond with the usual conditions.
Todd and his mates slunk out of court. Justice done, although I'd have liked to see this serial offender locked up, or at least attending a trauma ward at a hospital.
No sight of Gallop.