Gosford: Former NSW Labor MP John Joseph Della Bosca has mid-range drink-driving conviction overturned on appeal

Former NSW Labor MP John Della Bosca has had a mid-range drink-driving conviction overturned because his new ADHD medication “contributed to his offending”, a court has heard.

Former Labor powerbroker and a man once touted as a future NSW Premier, John Della Bosca, has had a mid-range drink-driving conviction overturned on the grounds of mental illness.

The 65-year-old was convicted of drink-driving, fined $600 and suspended from driving for three months after pleading guilty in Gosford Local Court last November.

However Mr Della Bosca, of Woy Woy Bay, appealed the conviction in Gosford District Court on Friday where he gave evidence, telling the court he had been on bipolar medication for more than a decade before he was co-diagnosed with ADHD.

The court heard he was prescribed new ADHD medication just a few weeks before he got behind the wheel of his grey Jeep SUV after drinking one beer and four self-poured glasses of wine with dinner on September 18, 2021.

Former NSW Minister John Della Bosca arriving at Gosford Local Court where he was convicted of mid-range drink-driving in November. Picture: Sue Graham

Police found Mr Della Bosca asleep behind the wheel at the Shell service station off Woy Woy Rd at Kariong with his car’s engine running and headlights still on about 11.15pm.

He later returned a blood alcohol reading of 0.108.

Mr Della Bosca told the court he could not remember driving and spent the next 28 days as an inpatient at St John of God rehabilitation centre at Burwood.

“I feel ... perhaps the word is shame? Remorse, guilt,” he said of his drink-driving.

“I feel it was a stupid thing to do, or not a stupid thing to do but it was something that just shouldn’t have happened.”

A report from one of his treating psychiatrists stated Mr Della Bosca’s new ADHD medication would have contributed to his offending by giving him feelings of elevation which would have disinhibited him from drinking and driving.

Former NSW Minister John Della Bosca arriving at Gosford Local Court where he was convicted of mid-range drink-driving in November. Picture: Sue Graham

The court heard Mr Della Bosca immediately ceased taking that medication.

Mr Della Bosca conceded he had a lot of speeding offences on his record, which he further attributed to his ADHD and “impulsivity.

He also conceded as a member of parliament one of his ministerial responsibilities for about eight years was to head up the Motor Accidents Authority, which among its roles managed the long-term payment and rehabilitation of people seriously injured in crashes and funded further research into crash prevention.

“So that you accept that for many years you’ve been aware of the contribution of both speeding and alcohol consumption have in relation to motor vehicle accidents?” the Crown prosecutor asked Mr Della Bosca, to which he replied “yes”.

Mr Della Bosca confirmed he had consumed about half to one bottle of wine a day for 20 years and had undergone treatment for alcohol addiction at St John of God.

However he denied he was “alcohol dependent”.

Former NSW Education Minister Mr Della Bosca lost his licence because of demerit points in 2008. Picture: file

The court heard he had paid the $600 fine issued in the Local Court and had been off the road for about four and a half months before getting an interlock device fitted to his car in February of this year.

Judge David Wilson said Mr Della Bosca had essentially served the penalty imposed by the Local Court and that the public interest and risk of reoffending was best served by Mr Della Bosca continuing his mental health treatment plan.

“It is more appropriate to deal with this appellant in accordance with (mental health diversions) rather than at law,” Judge Wilson said.

“I make the following orders: 1/. the appeal is upheld, 2/. the conviction and sentence imposed in the Local Court are quashed, 3/. the defendant is discharged into the care of his treating psychiatrists ... and he is required to participate in whatever treatment is recommended to him by those psychiatrists.”

Once touted as a future NSW Premier Mr 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 Mr Della Bosca was embroiled in the “Iguana-gate” scandal following an incident at the former Iguana Joe’s restaurant on Gosford waterfront.

Mr 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.