Drink driving judge banned from sentencing drunk offenders

http://www.theguardian.com/world/2014/jan/15/drink-driving-judge-banned-from-sentencing-drunk-offenders

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A judge who was drink driving when she struck a cyclist in Adelaide has been banned from sentencing drunk offenders.

Justice Anne Bampton, 51, appeared in the Adelaide magistrates court on Wednesday, where she was fined $1,300 and disqualified from driving for eight months and 14 days.

South Australia's chief justice, Chris Kourakis, later said that for the next 12 months she would not sit on cases involving a driving offence or a civil claim arising out of one.

She also would not be involved in the sentencing of an offender "who was materially affected by alcohol" or in disputes over the mental element of an offence arising out of a defendant's alcohol consumption.

The supreme court judge, who was appointed on 14 November, pleaded guilty to driving with excess blood alcohol and without due care on 30 November.

She recorded a blood alcohol level of 0.12 after her car struck a female cyclist.

Speaking from the dock, Bampton said she was very sorry and deeply ashamed of her behaviour.

"I apologise to the young woman who was riding her bike and I apologise to the South Australian community," she said.

She also apologised to the South Australian judiciary, court staff, her friends and family, "in particular my four children who have been very embarrassed by my conduct".

Police prosecutor Emmanuel Athans said witnesses travelling behind the judge saw her veering within her lane and kept an eye of her after noticing the cyclist in the adjoining bike lane.

They subsequently could not see the cyclist and realised she had been struck by the car.

The judge stopped and apologised to the woman, who suffered a bloody nose.

Defence lawyer Stephen Ey said his client had instructed him not to make any submissions in mitigation, knowing she would receive a more severe penalty if they were made.

"She has suffered much humiliation and is highly embarrassed for her behaviour," he said.

Bampton had already been disqualified from driving for one month 14 days, which magistrate David Gurry took into account.

She also was ordered to pay $10 compensation to the cyclist for her broken bike light, $695.60 to police for the cost of impounding her vehicle and court fees.

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