Mount Austin man Henry Suki's jail sentence overturned after winning appeal over Wagga Gold Cup day DUIs

Mount Austin man Henry Suki, 39, appeared via video link in Wagga District Court on Wednesday to appeal his sentence over two high-range drink-driving charges and a further count of driving while disqualified.

Suki was caught for the first high-range drinking offence about 1am on May 5 after police pulled him over for a random breath test on Victoria Street in Mount Austin.

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Due to a language barrier, police used Google Translate to help communicate with Suki.

When questioned, he told officers he had consumed six bottles of Carlton Dry beer at home between 9pm and 1am.

Suki returned a reading of 0.167 and was subsequently charged him with one count of having a high-range prescribed concentration of alcohol (PCA). His Samoan licence was also suspended.

He was then released on bail, but caught by police for the same offence just hours later.

About 2.55pm, police stopped Suki for another random breath test on Heath Street in Mount Austin and found he had an open beer bottle in his lap.

He returned a high-range reading of 0.153 when tested at Wagga police station and admitted to consuming about 10 full strength beers during the day.

On June 20, Suki was sentenced in Wagga Local Court to four months' jail and disqualified from driving for six months, followed by a 24-month mandatory interlock order.

In the District Court on Wednesday, Judge Gordon Lerve heard an appeal against the severity of that sentence with the aid of a Samoan interpreter.

Documents tendered to the court said Suki was in Australia working on a three-year visa and was employed at the Teys abattoir at Bomen.

"I've seen a significant number of people from the abattoirs with high-range PCAs. Is the message not getting through out there?," Judge Lerve asked.

A number of migrant workers are employed at the abattoir.

The court heard Suki has no prior convictions, which prosecutor Monique Coleman agreed did entitle him to some leniency.

Suki's lawyer Stephanie Mulholland conceded it was serious offending and having a beer bottle in his lap certainly didn't help.

"It was [a result of] poor decision making and a certain level of naivete," she said.

Ms Mulholland argued Suki had already spent six weeks in custody and argued community engagement would have significant benefits for him.

In assessing the case, Judge Lerve raised questions over how a sentence of full-time custody was handed down in the first place.

The judge acknowledged there were promising signs of reform and that Suki had the support of the local Samoan community.

"I [also] note he is suitable for community service, according to the sentencing assessment report," he said.

Judge Lerve overturned Suki's prison sentence and replaced it with a two-year Community Corrections Order and 120 hours of community service.

The six-month driving disqualification and two-year interlock order remain in place.

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