KEY POINTS:
A man ordered today to do 200 hours' community work for his sixth drink driving offence insisted he could not carry out the sentence.
"Why?" asked Judge Thomas Ingram who imposed the penalty on Allan Flint, 45, an administration officer, for driving while more than two times over the legal alcohol limit, dangerous driving and failing to stop for police.
"Because of chronic pain he has," his lawyer Ned Burke said for Flint in Tauranga District Court today.
"He tells me community work would kill him if he had to do it."
The judge: "Why can't he do light duties? He can hold down a job."
He said he would need to see a medical certificate before accepting that Flint was completely unable to do any community work.
"I think we could find something useful for you to do," Judge Ingram told the defendant.
"I'm not thinking of you getting out sweeping the streets. I am sure there are lots of other things you can do that would help the community."
Earlier the judge acknowledged that Flint had "long-term serious medical issues which provides you with challenges that few people are called on to face" and that he was "under enormous pressure and stress outside the range faced by most people".
The problems were not specified in court but Judge Ingram said he would have sent Flint to prison "if it was not for the difficulties I have mentioned".
He sentenced Flint to six months' home detention as well as the 200 hours of community work, ordered him to undergo alcohol counselling and disqualified him from driving for two years.
- NZPA
