According to ABC reporter Mark Douglass, the MP for the western Sydney electorate of Londonderry, Bart Bassett, faced Downing Centre Local Court today.
Mr Bassett recorded a blood alcohol concentration of 0.053 when he was pulled over by police on the Cahill Expressway in inner Sydney in June.
The magistrate who dealt with Mr Bassett decided not to record a conviction because of the good character of Mr Bassett, who is also a Hawkesbury City councillor. The court heard the MP had no criminal record and had not committed a driving offence for more than 20 years.

The result achieved by Mr Bassett is not an overly lenient sentence. The reading was only slightly over the legal limit and probably represented less than 1/2 a glass of alcohol too much. The traffic record of Mr Bassett was an excellent one. It is my opinion that most magistrates in NSW would have exercised their discretion and not convicted Mr Bassett.

The penalties that can be imposed for a first time low range drink driving offence include the following:

1. A criminal conviction.
2. A maximum fine of $1100.
3. A minimum period of disqualification of 3 months.
4. An automatic period of disqualification of 6 months.

This sentence highlights the need for courts to have a discretion not to record a conviction against a person of good character who makes a minor error of judgment. If this discretion was taken away I believe it could be fairly said that the punishment does not fit the crime.

Lionel Rattenbury
Criminal Lawyer
Armstrong Legal