Court decision Glen Darby drink driving.

Condor Blanco Mines founder Glen Darby avoids jail over drink-driving

• ANTHONY KLAN
• THE AUSTRALIAN
• 12:05PM JUNE 24, 2016

Condor Blanco Mines CEO Glen Darby.
A director of an ASX-listed minerals exploration company currently appealing a rape sentence has narrowly avoided jail over a separate criminal matter involving high-range drink driving.
The Downing Centre Local Court this morning sentenced Condor Blanco Mines founder and current director Glen Darby, 35, to a nine-month intensive correction order after crashing his car in Tamworth, central NSW, with a blood-alcohol level of 0.204, over four times the legal limit.
Magistrate Clare Farnan said Mr Darby had driven drunk from a licenced premises and driven “essentially straight through” a roundabout “damaging plants and signage”.
Mr Darby told police at the scene he had not been driving and instead had been asleep in his car, a claim Magistrate Farnan said had been rejected by witnesses and disproved by detritus from the roundabout leading to his vehicle.
“Fortunately he is here for drink driving and not killing or seriously injuring someone,” Magistrate Farnan said.
It was Mr Darby’s second high-range drink driving conviction in five years and the offence involved “moral culpability” but in sentencing she gave a 25 per cent reduction in sentencing on the grounds he had since been diagnosed with ADHD.
“He has been before the court many times … he is not an admirable character,” Magistrate Farnan said.
Under the intensive correction order, Mr Darby will be required to reside only at premises approved by the court, not leave NSW without court approval and to undergo random drug and alcohol testing, among other things.
His licence was cancelled for 12 months.
The long criminal history of Mr Darby, who floated Condor Blanco Mines in 2010, includes drug offences, disqualified driving, resisting police, assault and sexual assault.
Under corporations law people can be banned from acting as directors for breaches of white-collar laws, but not for other criminal offences such as the ones with which Mr Darby has been convicted.
In May last year a jury found Mr Darby guilty of raping a woman who worked in the same building as him after the pair went our drinking together. He was given a two-year sentence, but was granted bail over “exceptional circumstances” because it was likely the conviction would be overturned on appeal.
That appeal has been heard and is awaiting judgment.
After the conviction Mr Darby stood down as Condor Blanco Mines chief executive but remains a director of the company.
Since listing Condor Blanco Mines has lost more than $22m of investor funds and is now almost worthless.
Late last month the Takeovers Panel found Condor Blanco Mines and an arm of Sydney law firm Eakin McCaffery Cox had engaged in “unacceptable circumstances”, and ordered the cancellation of 50m Condor shares which had been granted in questionable circumstances.
It has referred the matter to corporate watchdog the Australian Securities and Investments Commission.




http://www.theaustralian.com.au/new...g/news-story/7dc123a385b7620bc93cf1c021fa3c92