A magistrate has "surprised" himself and the Griffith Local Court by exercising his discretion on Wednesday, deciding to not penalise a mid-range drink-driver.
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Saying it was the first time he had not given a conviction for a drink-driving case "in my ten years on the bench", he used the case as an opportunity to highlight society's need for responsible "pillars of the community".
Held in high regard from both reference letters as well as her legal representative David Davidge's personal commendation of character, Patricia Faye Trembath was held up as a "true model of society".
The court heard the 65-year-old had a "departure from the norm" after returning home from an international trip.
That is why I have used my discretion, and I think... this is the time, and this is the person to use that discretion on.
- Magistrate Greg Grogin
"On a subjective level, she is well-respected in the community," Mr Davidge explained.
On August 31, Trembath had taken a u-turn and entered a ditch. Another person came along to help get her car out, and called police for assistance. Police gave her a breath test which returned a 0.144 reading.
Mr Davidge explained that she was "dealing with some of life's travails" and while acknowledging she had drank too much, was unaware she was over the limit at the time. He noted while this excuse was common among drink-driving offenders, he argued "with confidence" she would never come before the courts again.
"Her record can be of some consolation, with her testimonials commending her absolutely."
Trembath came before the courts with no criminal history, except three traffic infringements dating back from 1985.
"I think I am going to surprise myself and you today," magistrate Greg Grogin said to Mr Davidge.
"I am not going to record a conviction... something I have never done in my ten years on the bench."
He said despite the "very high reading" it was "completely out of character".
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"We need good members of the community, those who have brought up a family, and been through the trials and tribulations of life... I think the community will stand behind me with that.
"That is why I have used my discretion, and I think... this is the time, and this is the person to use that discretion on."
Speaking directly to Trembath, he said "your references speak highly of you, and more importantly, your record does." She was given a 12 month condition release order with no further penalty.
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