TASMANIA v MICHAEL LEONARD JOHNSTON 29 OCTOBER 2009
COMMENTS ON PASSING SENTENCE CRAWFORD CJ
Michael Leonard Johnston, you pleaded guilty to perverting justice. I see from your record that since 1971 you have about seven convictions for drink driving offences and you are now facing an eighth conviction. I presume you are an alcoholic, certainly your record gives all the signs of it.
On this occasion on 9 June this year you were driving from the Campbell Town hotel to where you lived at Campbell Town and had a breath analysis of .187 at the time. When the police stopped you you gave your brother's name to avoid you being charged. Of course, that was unsuccessful and within 24 hours the police realised your true identity and you avoided no charge as a result.
Only a year earlier you were dealt with in Launceston Magistrates for unlicensed driving and providing a false name and address and you have done this again. What I am going to do on this occasion is sentence you to imprisonment that will be suspended for three years, so if there is any offence like this again, or any offence of seriousness, you will be required to serve that imprisonment.
A conviction is recorded and you are sentenced to three months' imprisonment, all of which will be suspended on a condition that you are of good behaviour for the next three years and it is ordered that a victims of crime compensation levy of $50 be paid by you within 28 days.