Darlington Perjurer Jailed for Lying to Magistrates

A Darlington man has been jailed after spinning local Magistrates a yarn to avoid a drink driving ban.

Graham Nelson, 40, of Pintail Close, Darlington, admitted perjury at an earlier hearing at Durham Crown Court. He was sentenced earlier this week.

Perjury is an offence contrary to section 1 of the Perjury Act 1911. It has a maximum penalty of 7 years' custody and/or an unlimited fine on conviction on indictment.

Jane Waugh, prosecuting, told the court that Nelson was caught over the drink drive limit in the early hours of Thursday, 27th June 2019.

At the police station he gave an evidential specimen of breath containing 76 microgrammes of alcohol in 100 millilitres of breath, the prescribed limit being 35 microgrammes.

He appeared at Newton Aycliffe Magistrates' Court a fortnight later where he admitted driving whilst over the prescribed limit, but falsely claimed that he had driven due to his partner, who has cystic fibrosis, having a medical emergency. Furthermore he claimed his partner had actually died a few days earlier on 6th July 2019, which was not really the case.

During a special reasons hearing at the same court on 1st August 2019 he maintained his dishonest account. A letter was also submitted on Nelson's behalf claiming that he had no previous drink drive convictions, when in reality he had been convicted of three similar offences.

Miss Waugh said during the special reasons hearing Nelson was visibly upset and crying, convincing the Magistrates to impose an absolute discharge and waive the mandatory disqualification period.

After the hearing, as the legal advisor reviewed her notes, she noticed photos of the medication submitted in support of Nelson's case showed a prescription dated several weeks after he claimed his partner had died.

The police were called and Nelson, who had given the false account on oath, was arrested on suspicion of perjury. He claimed that he had lied to the court because he was fearful of losing his employment if a disqualification had been imposed.

Michele Turner, mitigating, conceded Nelson's actions were "particularly cruel and distasteful", but said his partner does suffer cystic fibrosis and, as he is her main carer, she would suffer if he was jailed.

HHJ Ray Singh said the defendant has claimed "exceptional circumstances" previously, on oath, to fool a court.

He said it had to be met with a deterrent sentence, but as he does have sympathy with Nelson's partner, he limited it to 6 months' custody.

Nelson was also disqualified from driving for 2 years, 3 months.