Australia: How not to protect the community

Determined DUI offenders such as this should be locked up for a long time -- not immediately be set free to endanger people again

Ronald James Kyle was jailed in 2005 because of drink-driving offences. Yesterday, he was back in court after recording a roadside blood alcohol reading of .243 last Saturday. The 43-year-old was charged with unlicensed driving, driving while under the influence of alcohol and unlawful use of a motor vehicle. The Brisbane Magistrate's Court was told that among Kyle's extensive traffic history was a two-month prison term in 2005 for drink driving.


But Kyle, from Springfield Lakes, was granted bail yesterday despite police prosecutors arguing that he had "absolutely no regard" for public safety. "He was pulled up on Easter Saturday and he is driving around (drunk). The community must be kept safe," the prosecutor said. "His history shows he does not have trouble getting access to a vehicle and I don't want to be driving down the road with my family and come across this fellow. "There is no great pause in-between the (extensive traffic) offences, he is going to go out and get himself written off with alcohol and no bail conditions are going to stop him, the risk is there. "It is incumbent upon me on behalf of the community to stop this fellow getting on the road, he just does not seem to care. The only sentence available to court has to be jail."

The court was told that Kyle's father loaned the vehicle to his son's de facto to run errands on a strict condition that his son not be allowed to drive. However a domestic argument on Easter Saturday led to Kyle driving the car.

Magistrate Walter Ehrich granted bail to Kyle because he had had a full-time job since February, he does not own a car, and his girlfriend may "take him back". Mr Ehrich made the decision despite asking Kyle's legal aid duty lawyer, "what are we going to do if he has another fight with his de facto" and "how are we going to keep him off the grog" and stating that "I would like him to go back to prison (for the drink driving)". The magistrate also noted that Kyle's history was "against him".

Kyle was one of the 340 motorists charged with drink-driving, by Easter Sunday, over the Easter holidays. Kyle repeatedly told the court from the dock that he does not intend to drive and that he no longer owns a car. "The people who I work with are going to pick me up at my front door and drop me off," Kyle said. "I have not got no more cars, I usually have cars of my own but now I don't have a car."

Report here



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