August 12, 2010

Law review after woman let off for drink-driving over lack of public transport

A section of the Crimes Act that led to drink-driving charges being dismissed against a Sydney woman because she lived in an area without public transport is under review, the NSW Police Minister says.

Jasmin Clair Henley, 27, who lives in the north-western suburb of Cattai, walked out of Downing Centre Local Court yesterday without a conviction.

She recorded a blood-alcohol reading of .067 while driving on the Cahill Expressway last month after she told police she drank two glasses of wine at a dinner in Paddington in Sydney’s eastern suburbs.

Mr Maloney made his ruling under section 10 of the Crimes (Sentencing Procedure) Act, which allows for the dismissal of charges by a court after certain mitigating factors, such as a person’s character, the nature of the offence and extenuating circumstances, are considered.

It is understood Mr Maloney also decided to dismiss charges against Ms Henley because her lawyer argued she could lose her job if she lost her licence.

Police Minister Michael Daley said there was “never an excuse for drink-driving”.

“That is why the NSW Government has set high penalties for drink-driving offences and police regularly target drunk drivers on our roads.”

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