In terms of background, Mr Fordyce was charged with driving with excess breath alcohol. He was suspended as a result and breached that suspension three weeks later by driving whilst suspended. Mr Fordyce pleaded guilty to both charges in the District Court. He later reported his convictions to New Zealand Law Society te Kāhui Ture o Aotearoa.

In terms of liability, Mr Fordyce accepted that he was convicted of an offence punishable by imprisonment and the conviction tends to bring the profession into disrepute. The Tribunal considered that one driving offence on its own may arguably be “shrugged off” by the public as an error. However, the second offence of driving while suspended involved “flagrant disobedience” of a lawful restriction and was an “exacerbating feature” that qualified the conduct as bringing the profession into disrepute (albeit at the lower end of the spectrum).

In determining penalty, the Tribunal noted that these matters did not call into question Mr Fordyce’s fitness to practise. The Tribunal considered Mr Fordyce’s clean disciplinary history, his genuine remorse and that he had undertaken counselling as mitigating features. Accordingly, the Tribunal saw “no reason to deal with him harshly” noting Mr Fordyce behaved responsibly given the mistakes he made. The Tribunal imposed censure, a fine of $3,000 and costs.