Mum five times over the legal limit on a school run avoids jail after judge grants appeal
Port Stephens mum Caroline Ashthore Throwden was granted an appeal to overturn a nine-month jail sentence after being caught five times over the legal limit on a school run.
Newcastle
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A Port Stephens mum who appealed a nine-month jail sentence after she was caught five times over the legal limit on a school run, will now just have to serve her time in the community.
Caroline Ashthore Throwden, 30, from Nelson Bay pleaded guilty after she blew a blood alcohol reading of .252 on May 11 when she went to pick up her six-year-old daughter from school. At the time, her two-year-old son was in the car.
Court papers revealed staff at the school alerted police and when they arrived, Ms Throwden smelt strongly of alcohol, was unsteady on her feet and her speech was slurred.
She then told police she drove to get her daughter but was going to walk the children home.
The incident came just hours after she had her license disqualified for a prior low-range drink-drive offence in February and was placed on a good behaviour bond.
Following the sentence, Throwden lodged a severity appeal in the Newcastle District Court, and more than five months later had that jail term overturned, instead being ordered to serve a nine-month intensive corrections order (ICO).
In the district court on Friday, Ms Throwden’s lawyer said her client wanted to finalised the matter today as an adjournment would delay a reunion with her children.
She told the court Ms Throwden was in a transition phase of treatment and once complete was looking to relocate to Scone with her partner, partner’s mother as well as her two children.
The court heard she was currently attending a programme at McAuley outreach services for alcohol and drug counselling each week and was set to organise weekly Alcohol Anonymous (AA) and Narcotics Anonymous (NA) meetings in Scone and Muswellbrook.
As a victim of domestic violence, she would also continue fortnightly phone counselling.
Ms Throwden’s lawyer said if her client were to be dealt by way of ICO, she agreed to abstain from alcohol and illicit drugs for the entirety of the order.
The Crown prosecutor brought up concerns about the extreme seriousness of the offence, but noted Ms Throwden had gone to a considerable extent to address her behavior and due to those efforts, did not oppose the lesser punishment.
Judge Tim Gartelmann told the court, Ms Throwden had a significant alcohol problem and there was concern for re-offending, but noted she was a victim of an abusive and violent relationship.
“As a consequence of that relationship she developed Post Traumatic Stress Disorder and alcohol was a self medication,” Judge Gartelmann said.
“Since she committed the offence, she has demonstrated significant process in rehabilitation of her alcohol problem and has taken responsibility of that to recover the care of her children.
“An ICO would best address the risk of re-offending, subject to stringent conditions.”
Those conditions included the completion of alcohol and drug rehabilitation programs, and that she must abstain from the use of all alcohol or drugs.
From her previous Local Court appearance, Ms Throwden also has a mandatory interlock.