Carr policy jails 76-year-old woman

Magistrate Brian Wilson last week sentenced a 76-year-old 
woman to one year in jail for drink driving in Newcastle. The 
startling penalty was compulsory under the guidelines for 
sentencing imposed by the Carr Government. In common with a 
number of other Labor state governments, Carr has been meddling 
with the courts with his "tough on crime" policies for some 
time.

Pensioner Elaine Daisley is NSW's oldest woman to be jailed for 
drink driving. She was arrested with a blood alcohol level of 
0.302.

The sentencing guidelines for high-range drink driving offences 
were introduced in September 2004. Similar to mandatory 
sentencing, the guidelines prescribe sentences for offences that 
fall within certain categories. The discretion that used to rest 
with magistrates has been removed. The specifics of Elaine 
Daisley's case are irrelevant under Carr's tabloid-driven 
approach.

Kat Armstrong of Justice Action has a strong message for the 
Premier:

"What happened to common sense Mr. Carr? Try taking away her 
licence or her car — this would remove the risk that Ms Daisley 
would continue to be a 'menace on the roads'. Try placing her in 
an alcoholic rehabilitation clinic. A bed in a rehabilitation 
unit costs much less than the $70,000 for full-time imprisonment 
for a year, and unlike prison, is more likely to keep her away 
from her alcohol addiction.

"No wonder there's no money for hospitals when Mr. Carr uses the 
money for jails instead."

Ms Daisley's niece passed on a message to Ms Armstrong after a 
prison visit last weekend

"My aunt was so embarrassed, she didn't tell her family what 
happened. She ended up in court with no legal aid arranged. She 
has high blood pressure and is just sitting in her cell, staring 
at the walls. She wants to stop drinking, and knows that she 
needs treatment."

There may be many more victims of the "law and order" drive being 
imposed in the courts. Inevitably, the outcomes made unavoidable 
by the misguided policies will lead to a climb-down. One of Clare 
Martin's first acts when she became the Northern Territory Chief 
Minister was to ditch the unpopular mandatory sentencing regime.

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For further information on Justice Action, contact Kat 
Armstrong 0428 312 035 or Brett Collins 0438 705 003 or write to:

P.O. Box 386, Broadway, NSW 2007, Australia 
http://www.justiceaction.org.au