Actuary's iPod conviction upheld

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An actuary who was found guilty of driving while using a hand-held device has lost her appeal against conviction in the Supreme Court.

But Chief Justice Ian Kawaley ruled today that the sentence given to Catherine Farnsworth for listening to an iPod while riding her motorcycle on Front Street on January 5 was too harsh.

Farnsworth had been given seven demerit points - the maximum possible - for the offence.

Mr Justice Kawaley upheld the appeal of her sentence and reduced that to five, the minimum.

Farnsworth, 30, who was not present for the judgement, claimed in her appeal that the iPod was a hands-free, rather than hand-held, device as it only needed to be touched to be operated.

But the Chief Justice dismissed that claim, concluding: "The use of hand-held devices of any nature while driving is strictly prohibited by regulation 44 of the Motor Car (Construction, Equipment and Use) Regulations, even where the devices are not being handled whilst the driving is taking place."

Farnsworth's lawyer Lauren Sadler-Best said she was disappointed with the ruling but glad for the clarification of law and the reduction in sentence.

"I don't think this necessarily prevents someone else from challenging the provision," she said.

"It might be in the public's best interests if some further clarification is given."

Farnsworth stood trial at Magistrates' Court in March, when the court heard she was not speeding, did not appear to be distracted and was not stopped by police because of the quality of her driving.

Senior Magistrate Archibald Warner convicted her of the offence of driving while using a hand-held device and fined her $500, in addition to the demerit points.

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