A Queenstown businessman’s drink-driving history has been laid bare after he was caught driving at five times the legal limit.
About 4.30pm on March 14, an off-duty police officer saw Marsden Wayne McCarthy, 44, behind the wheel of a stationary car at the intersection of Kawarau Road and Ross Street, blocking traffic.
As the officer approached, McCarthy got out and walked towards Lake Avenue.
After refusing a breath test, he was arrested and taken to Queenstown police station, where he recorded a breath-alcohol level of 1249mcg.
The legal limit is 250mcg.
McCarthy was sentenced in Queenstown’s court on Monday after admitting charges of aggravated drink-driving and disqualified driving.
Counsel Tanya Surrey said the defendant was ‘‘ashamed and distressed’’ to find himself in this position.
He’d been operating two businesses in difficult circumstances in the two years prior to the incident, and had been drinking to cope with stress.
Judge Tony Couch said it was McCarthy’s fourth drink-driving conviction in the past eight years.
In 2017, he was sentenced to supervision and indefinitely disqualified after he was caught drink-driving twice in six days.
A psychologist’s report at the time stated he’d taken steps to address his chronic alcohol problem, but the sentence of supervision clearly had very little effect on his behaviour, Couch said.
The latest offending was aggravated given McCarthy shouldn’t have been driving at all, and by his initial claim to police he hadn’t been the driver of the vehicle.
He had posed an ‘‘extreme danger’’ on the roads.
‘‘You were seriously drunk, and a menace to other motorists and pedestrians.’’
The prevalence of drink-driving in the resort had made the community ‘‘extremely sensitive’’ about its dangers, and McCarthy’s sentence had to reflect denunciation and deterrence.
Couch said his sentencing decision was a stark choice between prison and community detention.
From a starting point of 12 months’ prison, McCarthy was ultimately given six months’ community detention, with a nightly curfew, and 100 hours’ community work.
He’s also subject to 15 months’ intensive supervision.
That aspect of his sentence includes a condition to not consume alcohol.
DJ convicted
A Queenstown DJ who pushed a man off a stage after he touched his musical equipment has been convicted of assault.
Couch refused 38-year-old Stuart Edwin Raeburn’s application for continued name suppression when he appeared in Queenstown’s court on Monday, and convicted him after he admitted a charge of injuring by unlawful act in circumstances where, if the victim had died, he would be guilty of manslaughter.
It carries a maximum sentence of three years’ prison.
A police summary said Raeburn was performing at the The World Bar on June 12 when, about 12.50am, the victim got on stage and touched his equipment, turning the music off momentarily.
An annoyed Raeburn pushed the victim against a wall and told him he needed to get off the stage, then pushed him away from the DJ booth.
That caused him to fall backwards off the 33 centimetre-high stage and hit his head on a stone hearth.
The victim, who was still unconscious when police and paramedics arrived, was flown to Christchurch hospital in a critical condition — he suffered a fractured skull and brain bleeding.
Raeburn told police he pushed the victim because he was worried about his equipment getting damaged.
The victim was in his personal workspace, and he believed he was behaving unpredictably.
The defendant had co-operated with police, and expressed remorse and concern for the victim, the summary said.
Raeburn, who has no previous convictions, is a British national who has lived in New Zealand since 2006.
The popular DJ, is well known by his stage name, DJ Stubacca.
Couch said a restorative justice meeting between Raeburn and his victim could occur before sentencing.
That will take place on October 11.
Other convictions
● Oliver Elkington, 18, of Fernhill, dangerous driving, failing to stop, Shotover St, July 29, fined $1000, disqualified six months.
● Stuart Craig Robertson, 38, film production worker, of Queenstown, drink-driving (676mcg), Marina Dr, fined $400, disqualified six months.
● Anthony James Henry Robertson, 36, of Queenstown, aggravated disqualified driving, Shotover St, June 22, 120 hours’ community work, six months’ community detention.
● Tahlia Jayne Atawhai Iraia, 19, manager, of Queenstown, drink-driving (under-20), 232mcg, Frankton Road, June 24, fined $150, disqualified three months.
● Joseph John Kelly, 23, builder, of Shotover Country, sustained loss of traction, Sir Henry Wigley Drive, June 24, fined $250, disqualified six months.
● Hamish Owen Bracey, 25, builder, of Jack’s Point, drink-driving, 600mcg, Frankton Rd, July 9, fined $900, disqualified eight months.
● Andrew John Baker, 34, winemaker, of Arrowtown, drink-driving, 600mcg, Berkshire Street, June 2, fined $450, disqualified six months.
