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Emergency service personnel attend a serious car crash south of the Brynderwyn Range, Northland, in 2004. (Photo: teara.govt.nz)
Emergency service personnel attend a serious car crash south of the Brynderwyn Range, Northland, in 2004. (Photo: teara.govt.nz)

SocietyNovember 30, 2018

Would sending repeat drunk driver Gavin Hawthorn to prison really make us safer?

Emergency service personnel attend a serious car crash south of the Brynderwyn Range, Northland, in 2004. (Photo: teara.govt.nz)
Emergency service personnel attend a serious car crash south of the Brynderwyn Range, Northland, in 2004. (Photo: teara.govt.nz)

The news that the recidivist drunk driver will not be jailed for his latest offence has prompted an outcry. But prison clearly isn’t working, writes Roger Brooking. Isn’t it time we tried something new?

News that Gavin Hawthorn has recently been convicted of drink driving yet again has caused oodles of outrage in the media. Hawthorn has already killed four people in two separate accidents. In 2004 he was convicted of manslaughter over the death of his friend Lance Fryer and sentenced to 10 years in prison. He was released in 2013 and has now been caught drink-driving again – for the 13th time. On this occasion Judge Johnston sentenced him to six months home detention and disqualified him from driving for two years.

The headlines were horrified. Stuff stated it like this: Recidivist drink-driver Gavin Hawthorn convicted again, leading to call for permanent driving ban. Newshub harrumphed that it was: ‘Appalling’: Porirua man Gavin Hawthorn escapes jail after 12th drink-driving conviction. The Herald highlighted: NZ’s worst drink driver caught drunk behind the wheel again. Duncan Garner was especially incensed, arguing that:

“This judge has failed to keep us safe as New Zealanders. We’ve been let down by his profession once again. He has let us down, now we are in harm’s way.”

He went on to say the case was an example of why the public “have little confidence in the justice system”.

Blaming judges is misguided and myopic. This is what Garth McVicar and his ‘senseless sentencing trust’ have been doing for years. All that has achieved is a burgeoning prison population and a crisis in capacity. At $100,000 per prisoner, per year, and a reoffending rate of 60% within two years of release, clearly this is a failed strategy – and a massive waste of taxpayer money.

Keeping us safe

The justification for all this moral outrage is the dubious assumption that sending ‘dangerous’ people to prison ‘keeps us safe’. Does it? Let’s look at the facts.

Gavin Hawthorn killed his last victim in 2003. Between 2003 and 2017, another 5,402 people have died on New Zealand roads – an average of 360 people a year – or nearly one every day. Half of these deaths are caused by drivers under the influence of alcohol or drugs, or both.

The point is that most of these people died during the ten years that Hawthorn was in prison. Clearly his incarceration did not make us any safer. Giving the judge a hard time for not sending him to prison on his current conviction does not change this reality.

So, what’s the solution? The only intelligent comments in the media came from Andrew Dickens on NewstalkZB who asked rather quaintly: What to do with our drinkiest drink driver?  He argued with considerable insight that:

“Indefinite incarceration and licence deprivation is not what this man needs. What he needs is to STOP FREAKING DRINKING.”

Drug courts

Dickens’ answer to the problems posed by the likes of Gavin Hawthorn is to put him into a drug court (in New Zealand known as AODTC – Alcohol and Other Drug Treatment Courts). To be eligible, defendants must be alcohol or drug dependent and facing a prison sentence. A treatment plan for each participant is set by the judge, taking into account the views of treatment providers, support workers and lawyers; it involves rehabilitation, counselling, drug-testing, community service and making amends to victims.

Dickens describes the process like this: “They’re a three-phase, 18-month-long programme designed for high-needs and high-risk addicts who are facing prison, or who have tried but failed treatment programmes in the past.”

Drug courts have the potential to help thousands of offenders, not just drink drivers. And there is no shortage of available candidates in New Zealand. In 2011, judges told the Law Commission that 80% of all offending was alcohol and drug related. In 2017 Northland district court judge Greg Davis, who sees a lot of methamphetamine related crime, said up to 90% of all offending was related to issues with addiction.

Currently, the only two drug courts in the country are both in Auckland. Hawthorn is serving his sentence of Home Detention in Paraparaumu – so a drug court in Wellington would be helpful. We need such courts in all our major cities.

Compulsory AOD assessment

Another strategy is available to target drink drivers in particular. It also involves assessment and treatment. Currently out of 20,000 people convicted of this offence each year, only 5% – those disqualified indefinitely – are required to have an alcohol and drug assessment to see if they have their drinking under control before getting their driver’s licence back. Many of the remainder are sent to prison – just like Gavin Hawthorn. If any drink driver who incurred a second conviction was required by law to have an AOD (alcohol and other drug) assessment before their disqualification could be lifted, fully half of the 20,000 drink drivers would be assessed. As a result, there would be a lot less people in prison.

An evaluation of the NZ drug courts shows they also reduce imprisonment – 282 participants have been kept out of prison during the six years the two Auckland courts have been operating.

If the government implemented these two strategies, this would shift the focus of our justice system away from punishing alcohol and drug addicted offenders towards treating them instead. This would surely help Justice Minister Andrew Little get closer to the government goal of reducing the prison population by 30%. Maybe it would even encourage the media to tone down their moral outrage.


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Keep going!
vegan dog

SocietyNovember 30, 2018

An exclusive investigation into the undercover world of vegan dogs

vegan dog

There’s a new movement in the dog community – veganism. But are dogs being forced to forego meat against their will? Emily Writes met some dogs to get into the (meat-free) bones of the matter.

Buddy* is a six-year-old golden labrador. He’s extremely interested in balls and has a PHD in Owner Behaviour at Canine University. He is wearing a blue bandana which he apologises profusely about.

“Look, they put this bandana on me. I’d personally prefer a tie. I don’t feel like I’m taken seriously in the dog academic community wearing this.”

He is tense. Speaking out about owners is very frowned upon among dogs. I have been met with much aggression over writing this story, and Buddy has asked that his real name not be used.

Stuff has reported that an increasing number of dogs in New Zealand are now vegan and vegetarian as more owners consider the sustainability and ethics of eating meat. Buddy was studying this trend when his owner suddenly presented him with a bowl of carrots.

“It was then I knew,” Buddy barks, “I was now no longer the researcher. I was the subject.”

For two months now, Buddy has been vegan. His diet has gone from what he calls “some kind of chicken, beef, fish combination I was quite fond of” to “carrots”.

Buddy’s voice becomes a whisper: “I can’t believe I’m saying this out loud, but I don’t feel the same way about my owner.” He suddenly lets out an anguished howl. This is a painful conversation for him.

“Look,” he passionately assures me, “if he threw a ball would I chase it? Yes, of course I would! Would I be happy and bark when he opens the door? Yes. I’m a dog.”

“I’m still a dog,” he says quietly.

“But he’s making me eat carrots.”

The stress in the vegan and vegetarian dog community has seen pop-up support groups spring up around the country. In one region, I was able to sit in on a meeting. Again, the names of these dogs have been protected as they were very worried about their reputations. Except Princess, because there are so many dogs called Princess.

A four-year-old bichon frise, Princess is dragging on a cigarette. “My life is hard now. I am a bichon frise, my life is meant to be easy. I’m meant to be a princess!” she says angrily. “My owner is shitting me to tears. I fucking hate pears you feel me?”

Her outburst has a dalmatian, who we will call Spot, running around in circles. “You can’t talk about owners like that man!” he yelps. “What if they hear about this and stop coming home from work? And we just wait by the door and they don’t come home man? What happens then?”

A bulldog, who we will call David Davey Boy Smith, lumbers over. His presence quiets the dogs.

“We miss meat,” he says.

“But we love our owners so we need to believe this is what’s best for us.”

David Davey Boy Smith drops a bone into the centre of the room. The dogs jump onto the illicit marrow. Their blood lust palpable.

Tofu, a small terrier of some kind, chases after me as I leave the sad scene.

He encourages me into a nearby lane with a series of irritating yips.

“I actually love being vegan!” he tells me.

“I have more energy than I’ve ever had! I started riding a scooter. I know how to play ultimate frisbee now!”

He’s joined by Lulu, a sausage dog.

“I’d prefer it if you didn’t call me a sausage dog,” she says. “I’m a dachshund. I find the appropriation of my breed by the meat industry highly offensive.”

Lulu explains that she too is loving her new vegetarian lifestyle.

“I’ve been extremely worried about climate change given I really enjoy shitting on the beach. This feels like I’m doing my part. Humans can be very stupid, so I am pleased our owners are catching onto the need to live sustainably.”

Suddenly, there is intense growling from the end of the darkened alleyway.

“Did you just call my owner stupid?” comes a menacing voice.

I am told to run, as a chihuahua cross who I am told later is called “Angry Phil” begins to race toward us.

I barely escape, and I still have more questions than answers.


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