Drink driver's denial fails to sway judge

Dennis David Ross Algie, 59, was jailed for nine months in April and has lost an appeal against conviction and sentence.

Jailed on his 13th drink driving conviction, Dennis David Ross Algie fought to have his sentence shortened on the grounds nine months' jail was "manifestly excessive".

But the appeal judge said a longer sentence could have been justified in his case.

The Masterton 59-year-old who was jailed for nine months in April has lost an appeal against conviction and sentence.

Algie was convicted of drink driving and driving while disqualified following a defended hearing held in February before Judge Bill Hastings in Masterton District Court.

He'd been seen by two Pak'N Save staff members drive into the supermarket's carpark on a motor scooter about 7.20pm one night in July last year and fall off the scooter, dropping it, before going into the supermarket and then across the road to Thirsty Liquor to stock up on more alcohol.

He denied it was him riding the bike when questioned by police as he left the liquor outlet. The keys to the motor scooter belonging to a friend of his, were found in Algie's pocket but he told police he "wouldn't drive while he was drunk".

However, at the time he produced a blood alcohol reading of 184mg; more than twice the legal limit of 80mg of alcohol per 100 millilitres of blood.

Algie had been identified through his clothing and a red helmet several witnesses saw him wearing.

He continued denying he rode the motor scooter.

But Judge Hastings found he had been the driver and convicted him. He was later sentencing to nine months' imprisonment.

Defence lawyer Jock Blathwayt appealed conviction for his client on the grounds the judge was wrong in fact and in law regarding identification and failed to direct himself on the issue of identification evidence. He appealed sentence on the grounds nine months was "manifestly excessive".

Algie claimed through his lawyer that there was a reasonable possibility that he had obtained the helmet and keys from "the true driver" inside the liquor store.

However, on appeal Justice Ronald Young said "the fallacy in this argument is there is simply no evidence that this occurred".

Medical evidence was provided to the court stating Algie may at times present as intoxicated when he isn't because of the side effects of long term alcoholism.

Justice Young dismissed both appeals stating in his decision that there was no doubt Algie was at high risk of re-offending in a similar way.

He said Algie had 13 drink driving related convictions dating back to 1982 along with 13 driving while disqualified convictions.

A heavier sentence was justified, the justice said. Algie wasn't suitable for home detention.