Muni Goundar resentenced in district court for high-range drink driving in Tamworth

Muni Goundar was resentenced during a district court appeal for high-range drink driving - his third offence since last year - and driving while disqualified.

Legal Aid defence solicitor Wendy McAuliffe said the 49-year-old Fijian man - who had open beers in his car when he was caught - was supporting family overseas and was under stress.

She said he had shown some remorse and asked Judge Andrew Coleman to consider either a jail term in the community or a shorter time behind bars.

Goundar was sentenced in Tamworth Local Court in July to 26 months' prison, with 18 months without parole.

"I do intend to allow the appeal - in part - by reducing the sentences of imprisonment," Judge Coleman said.

He ordered Goundar serve 14 months behind bars with 10 months non-parole. He will be eligible for release in May next year.

Judge Coleman said the "troubling feature" of Goundar's drink driving was that it was his third high-range charge since 2021.

"It is a case, it seems to me, that the public were put at significant risk," he said.

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He read a sentencing report and submissions, and said Goundar did not seem to have a "tremendous amount of insight into his offending".

He said it was obvious that supporting his family in Fiji was stressful.

He found special circumstances in the case.

A set of police facts show Goundar was unlicenced behind the wheel of a Toyota Landcruiser after midday on June 19 when concerned community members called police to complain about his manner of driving.

Police were told the four-wheel-drive - with two passengers - had been seen travelling towards Tamworth on Duri Road.

Half-an-hour later, police were patrolling when they spotted the gold Landcruiser near Burgmanns Lane with Goundar in the driver's seat.

"The vehicle did not stay within its lane and crossed over the fog line numerous times," the police facts said.

Goundar was pulled over and returned a positive roadside breath test. Police said they noticed a strong intoxicating smell coming from him, his speech was slow and his eyes were bloodshot.

Officers saw two bottles of open Toohey's Extra Dry in the centre console and Goundar admitted he had been drinking them while driving.

He was taken to Tamworth Police Station where he blew a reading of 0.274.

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