A man jailed for crashing his car into a car driven by Opposition Leader Kim Swan and his wife while drunk had his sentence appeal dismissed.

Jonathan Guishard unsuccessfully appealed his one year sentence meted out by Puisne Judge Carlisle Greaves in April. The 41-year-old admitted causing grievous bodily harm to Ercinda Swan, known as Cindy, and actual bodily harm to Mr. Swan at a hearing in March.

The Swans were travelling home, on July 11 last year at 2.15 a.m., after a lengthy session in the House of Assembly when Guishard's car crashed into their car near Terceira's Gas Station, in Devonshire.

The court heard Guishard continued driving after hitting the Swans and collided "head on" with a car driven by Lee-Ann Harvey causing her car to spin and land in the other lane. The defendant finally stopped the car in Terceira's and an ambulance came to the scene.

Yesterday in the Court of Appeal, Guishard's lawyer Larry Scott said his client should have received a suspended sentence. He added Guishard cared for his elderly mother and has a partner in the UK who had become ill. Guishard lives in both Bermuda and Brighton, in England.

Mr. Scott said glaring lights had "blinded" his client and could have been a factor in the accident.

"We know that by the time he got to the gas station, he was blinded by the lights and his vehicle ended up in the gas station. What we don't know is whether or not the other vehicles were driving at a dangerous speed.

"Had Mr. Guishard not been drunk, this could well have happened but he was drunk so it had to contribute some way."

But Crown prosecutor Cindy Clarke said the sentence was adequate.

"It would be my submission that it would be more rare than not for there not to be an immediate custodial sentence. It would be my submission that there are a wide range of dangerous driving flaws. It could be something minimal as a momentary lapse in judgement to something more serious.

"It would be my humble submission that the sentence imposed was proportionate. I would ask that the appeal be dismissed and the sentence be affirmed."

President of the Court of Appeal Edward Zacca said: "The court has given consideration to the submissions by the Crown and by the appellant. The court is satisfied that a sentence of 12 months is proportionate to the offences.

"In order for the court to consider suspending the sentence, exceptional circumstances would have to be shown which would render the court to suspend the sentence."

Time in custody was taken into consideration.