A question – what would have happened if this was a man?
A woman has had her 12-month drink-driving disqualification overturned because she drove her car to escape a sexual assault.
She was found guilty — her second conviction — and banned from driving. That was later overturned on appeal by a judge convinced she had driven in a state of panic…
The woman appealed the sentence, but not the conviction, and this month Auckland High Court Judge Paul Heath set aside the 12-month disqualification, but increased the community service sentence from 100 to 300 hours.
Judge Heath upheld her appeal on the grounds the assault would have been traumatic, that she complied with a previous disqualification and because the 12-month disqualification would have had a significant financial impact.
“I have no doubt that she reacted to the alleged indecent assault intuitively and with a sense of panic. It should not be held against her, for the purpose of [legal] discretion, that her decision was irrational.”
This is another example of how bizarre appeal court judgements have become and how gender does appear toÂ Â influence people like Paul Heath the so called judge in this matter.
To paraphrase James K Baxter
Justice walks heavy in this land, she bears a rope and shroud, treat a woman differently says Harry Fat the proud.