Jon Gadsby stands in the dock in Christchurch District Court while being sentenced on his forth drink-drive charge.
High profile comedian Jon Gadsby may have been spared prison yesterday but he has been given a chilling insight into what lies ahead if he doesn't change his drink driving ways.
Just minutes before in the Christchurch District Court, Gadsby was was given a sentence of community work for his fourth drink driving conviction, recidivist drink driver Kelly Wayne Soper was sentenced to two and a half years in prison. It was Soper's 18th drink driving conviction.
Gadsby, 58, was sentenced to 120 hours community work and six months supervision. He has also been indefinitely disqualified from driving and had his vehicle confiscated by the court.
Judge David Saunders said: "It's fortunate in a way that you were present and sat through that previous sentence. It highlights there's a major problem with drink drivers in New Zealand. The last person can truely be described as a serious recidivist offender...I immediately can contrast your situation with his," he told Gadsby.
"Comments I made in that last case are still valid for you in the sense that you're 11 times more likely to cause an injury or have a fatal accident driving under the influence. And the level of 1049mcg is remarkably close to the last person I dealt with," Judge Saunders said.
Soper, who Judge Saunders described as a "public menace on the roads", was caught 1098mcg on Balmoral Drive, in Invercargill, on September 10.
Soper appeared in court charged with drink driving, breach of release conditions and driving while disquailified.
Judge Saunders also told Soper it was lucky he hadn't killed or maimed anyone. He said about a fortnight ago a drink driver killed his financee when he lost control on a shingle road. He was now severely brain damaged.
Gadsby was caught at a checkpoint near his Merivale home in June last year. His breath alcohol reading was 1049mcg - two and a half times over the limit of 400mcg.
Judge Saunders said imprisonment or home detention was generally considered when someone appeared on their fourth drink driving charge, but said he was satisfied Gasby had taken steps to address his alcoholism, which was diagnosed in June last year.
He gave Gadsby credit for admitting himself into an alcohol treatment programme within seven days of being apprehended.
He also accepted that Gadsby had driven only a short distance - about 300m - to drop off some groceries from his car.
Judge Saunders said the drink-driving may also have been influenced by stresses in his life, including the earthquakes.
Gadsby's lawyer, Jonathan Eaton said Gadsby had accepted a diagnosis of alcoholism given to him last year and had taken steps to get treatment. He had graduated from the rehabilitation course.
Mr Eaton said Gadsby was sincerely remorseful and had suffered from being in the public spotlight.
"He has been named, shamed and humiliated. He's very unlikely to appear in this court ever again," Mr Eaton said.
Outside court, Gadsby said he had no comment to make before being rushed away in a waiting car. Among those at court to support him was David McPhail, his former partner in the McPhail and Gadsby television comedy duo.
McPhail wouldn't speak to The Star.
Gadsby's friend and well known entertainer Janice Gray also had no comment to make.
An anti-drink driving group yesterday said Gadsby should have been jailed.
Cross Roads, a network of the Sensible Sentencing Trust, spokesman Garth McVicar said Gadsby should have received a jail sentence being his fourth conviction.
He said he had received a number of complaints from Cross Roads members who were "upset" with the sentence.
"They were disguisted that's putting it politely."