JACKIE ROBINSON HAS been “absolutely” “100%” sure she is not dead, she has told the court.
The New South Wales Court of Appeal heard she has been “in and out of hospital for several months” since being admitted to the hospital on December 31, 2015, after suffering a stroke.
“I have been in and out … for several years … for a variety of reasons,” Ms Robinson told the hearing.
Her lawyer said Ms Robinson’s health deteriorated and she was not “doing well” in a hospital ward.
Ms Robinson had no previous criminal convictions.
She was arrested for the second time in July 2016 for alleged drink driving, after being found at a petrol station in Ballarat in October 2016.
Police said Ms Robinsons blood alcohol level was three times the legal limit, despite having been found in the car.
It was only then that the trial judge allowed the prosecution to seek a breath test and Ms Robinson admitted driving.
Justice Richard Wigglesworth said Ms Robbins had had a “very, very long, hard and challenging” relationship with her daughter.
He said he was satisfied Ms Robinson was “truly remorseful”.
He granted a continuance so Ms Robinson could be released from hospital.
During the trial, she said she did not drink and drove.
Mr Wiggesworth said she was also aware of “significant issues” she had not disclosed to the court, including a previous conviction.
But he said the trial was “a long way” from trial.
In sentencing, Justice Wiggsworth said he had no sympathy for Ms Robinson, describing her as a “lucky, resilient, determined, compassionate, determined woman”.
Ms Wigglesworth also said he believed Ms Robinson “made an error of judgment” by not informing the court about her drinking.
His remarks prompted the barrister for Ms Robinson to argue that the court should not consider the sentence as being appropriate.
However, the court disagreed.
LAWYER FOR JUDGE: How the case was heard: Ms Robinson’s lawyer, Robert Siewert, said Ms Wigglsworth’s comments were not “totally inappropriate” but were “part of the law of the land”.
Mr Siewet said he wanted to “make a very, very clear point” to the judge.
“[The] evidence in this case was not presented by the prosecution and the court would not have had an opportunity to consider it, or the evidence that was presented,” he said.
A judge agreed with Mr Siewsert’s claim and gave Ms Robinson a suspended sentence of two years.
Judge John Griffiths also told the judge that it was “entirely appropriate” for the sentence to be suspended because of the “significant” impact on Ms Robinson.
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A spokesman for the South Downs Wildlife Trust said: “The cub was captured by a fisherman off the South East Coast of England on Saturday (Jan 27) at 11:30pm (AEDT).”
It is believed that the cub was in distress, but it is not known at this time how it died.
“We are providing support to the family of the cub and their immediate care.”
The South Downs Wildlife Trust said the cub’s death had “grave consequences” for its cubs. FIND MORE