A recidivist drink-driver was given a lucky break by Judge Stephen Coyle yesterday, then told that if he squandered the opportunity, he would go back to jail.
Darrell Wayne Cavanagh (47), of Alexandra, fruit harvester, appeared before Judge Coyle in the Alexandra District Court on his fifth drink-driving offence.
He admitted driving in Queenstown on September 8 with a blood-alcohol level of 101mg.
He was sentenced to intensive supervision for a year, subject to judicial monitoring every three months, 400 hours' community work, disqualified from driving for 18 months and ordered to pay $210 medical expenses.
''I have given you a very lucky and generous break today ... what you do with that is up to you,'' the judge said.
He warned Cavanagh if he ''stuffed around or fell off the wagon'' he would be back in court and was likely to be jailed.
Counsel Tim Cadogan said the defendant had turned his life around - it was seven years since his last drink-driving offence, his offending was ''tapering off'' and he had a job.
If he was jailed again, it would be a real setback, as he would lose his work and accommodation.
Judge Coyle said the court had to denounce drink-driving, particularly recidivist drink-driving, and the community was entitled to be protected from those who offended in that way.
On the other hand, he could not apply a formulaic approach to sentencing and at times, community expectations had to be tempered by the court exercising mercy, depending on the circumstances.
''My assessment is that you are genuinely motivated to change and so I'm dealing with you by a community-based sentence.''
