ACT Chief Justice Lucy McCallum has hit back at concerns over the way the courts have been dealing with sentencing for traffic offences.
Chief Justice McCallum today delayed sentencing for Mitchell Laidlaw, 35, who admitted causing the accident which killed disability campaigner Sue Salthouse.
The ACT Senior Canberran of the Year died after Laidlaw collided with her wheelchair accessible motorbike on Commonwealth Avenue Bridge in July 2020.
Laidlaw pleaded guilty, and was to be sentenced today, but that was delayed after he was recently taken into custody on separate drug-driving charges.
Chief Justice McCallum reminded Laidlaw that he had sat in the court and heard one of the victims say how upset she was that someone who had taken methamphetamines caused the accident that killed Ms Salthouse.
"I am staggered that he would resort to the use of methamphetamines and drive," Chief Justice McCallum said.
She also said she noted some concern in the Canberra community about how offenders like Laidlaw were treated within the courts.
Earlier this week, the Australian Federal Police Association called for a review of sentencing in the ACT, after an offender was given an intensive corrections order for going on a rampage in a stolen car and ramming a police car.
The government has rejected the call for a review.
Chief Justice McCallum said there were many things judges had to consider in sentencing.
"My concern is the long game."
'The kind of person we can intervene with'
In Laidlaw's case, prosecutors had earlier not sought a full-time jail term, but today that changed.
Prosecutor Anthony Williamson said in light of the new charges there was no other option, because he had allegedly taken the drugs in the full knowledge it would have dire consequences.
"He has had the sword of Damocles hanging over him," he said.
"Not withstanding that, he has spiralled."
Mr Williamson said there were interventions available in jail and treatment could be part of Laidlaw's parole conditions.
Mr Williamson argued strongly against bail.
"A few bail conditions would not help."
Laidlaw's lawyer Kieren Ginges told the court his client could be referred to the drug and alcohol list.
But Chief Justice McCallum told the court the list was full and she had some reservations after Laidlaw's recent charges and earlier claims he had only ever used the drug once.
But she said, on the other hand, Laidlaw had never been to jail, came from a good family, and "seemed to be the kind of person we can intervene with to get him back to a constructive positive life".
The sentence has been put off until two sets of Magistrates Court offences can be dealt with next week.
In the meantime, the court has ordered Laidlaw be assessed for his eligibility for an Drug and Alcohol Treatment Order.
