Former Labor Minister John Della Bosca to appeal mid-range drink-driving conviction

He will have served his three-month suspension and his legal fees will dwarf his $600 fine but that won’t stop former NSW Minister John Della Bosca from appealing his drink-driving conviction.

Former NSW Labor Health Minister John Della Bosca will appeal his conviction and sentence for mid-range drink-driving.

The 65-year-old was not required to appear at Gosford District Court on Wednesday where his lawyer Lee Pawlak appeared on his behalf.

The court heard Della Bosca wished to appeal a conviction and sentence imposed in the Local Court after recording a blood-alcohol level of 0.108 at Kariong in September last year.

Mr Pawlak told the court there was a significant amount of written material to consider and the appeal was set down with an estimate of three hours on May 13.

Former NSW Labor Minister John Della Bosca was convicted and sentenced for mid-range drink-driving last year.

It comes after Della Bosca unsuccessfully sought to have the charge dismissed under mental health provisions in Gosford Local Court on November 17.

Mr Pawlak told the Local Court Della Bosca had been on bipolar and ADHD medication at the time and tendered a psychologist’s report, which found a “nexus” between his mental health and his offending.

The court heard Della Bosca had been gardening at his Woy Woy Bay Home with his wife, former Federal Labor Robertson MP Belinda Neal, on September 18 before a neighbour came over for dinner and he consumed one beer and four self-poured glasses of red wine.

Mr Pawlak said the combination of Della Bosca’s mental condition, medication and effects of the alcohol he “rapidly felt feelings of elevation” and felt compelled to get out of the house and drive to nowhere in particular.

Police were called to the Kariong Shell service station following reports of Della Bosca’s driving, a court heard. (File image)

The court heard Della Bosca drove up to a service station at Kariong where he parked the car and “fell asleep” only to find “the next thing he knew” police were at the side of his grey SUV Jeep about 11.15pm.

“Police sighted the accused stationary in the car park at the Shell service station on the Central Coast Highway, Kariong,” an agreed statement of facts read.

“”The vehicle was still running with it’s headlights on.”

Mr Pawlak told the Local Court the psychological report found a direct link between Della Bosca’s mental health, the type of medication he was using and his “disinhibition” to drive after drinking.

NSW Labor politician John Della Bosca arriving at Gosford Local Court in November last year. Picture: Sue Graham

He said the purposes of sentencing could serve both the community and Della Bosca’s rehabilitation if he was diverted into a mental health treatment plan rather than being sentenced “at law”.

He said Della Bosca had since spent three weeks in residential mental health treatment where his medication was changed from a stimulant to a “non-stimulant” kind.

While Magistrate Scott Nash was satisfied there was a link between Della Bosca’s mental health and his offending, he said the seriousness of the reading — being double the legal limit — and a need to send a message of deterrence to the community “outweighed” the need to deal with the matter under the mental health provisions.

He convicted Della Bosca, suspended his licence for three months — backdated to September 18 when it was confiscated — and fined him $600.

Magistrate Nash also put Della Bosca on an interlock order for a further 12 months.

Former NSW Education Minister John Della Bosca leaves his mother's home in Leichhardt, Sydney on push bike heading towards the CBD, after losing his driver's licence in 2008.

Once touted as a future NSW Premier Della Bosca resigned from the Health Ministry and politics in 2009 following revelations of a six-month affair with a 26-year-old woman.

It followed a difficult 12 months in which Della Bosca was embroiled in the “Iguana-gate” scandal following an incident at the former Iguana Joe’s restaurant on Gosford waterfront.

Della Bosca stood down as Education and Training Minister at the time while police investigated but he and his wife were later cleared of any wrongdoing.

He also had his probationary licence suspended for six months in May 2008 after accumulating too many demerit points for low range speeding infringements.