R v Adam HARRISON [2022] NSWDC 9

R v Adam HARRISON [2022] NSWDC 9

Full-time imprisonment was required because the offender committed serious and dangerous police pursuit offences, deliberately drove at a police officer to avoid lawful apprehension, had a substantial record including serious driving offences, offended while on parole, and the need for general deterrence and community protection was strong. An aggregate sentence was appropriate, with partial accumulation between the February and March offending and between the s 33B offence and the following pursuit, while the driving while disqualified sentences were treated as wholly concurrent. Special circumstances were found because the offender would need intensive and extensive supervision for...

Jurisdiction
Australia
Judgment Date
10 February 2022
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas to Two Police Pursuit Offences and S 166 Certificate Matters, and After Judge Alone Finding of Guilt for Use Offensive Weapon With Intent to Avoid Lawful Apprehension
Outcome
Sentenced to an aggregate term of imprisonment of 4 years and 3 months with a non-parole period of 2 years and 10 months, with concurrent licence disqualifications and no further penalty for the unregistered vehicle offence.
Legal Topics
['police Pursuit' 'use Offensive Weapon to Avoid Lawful Apprehension' 'driving While Disqualified' 'unregistered Vehicle' 'general Deterrence' 'aggregate Sentence' 'special Circumstances' 'form 1 Offences']
['criminal Law' 'sentencing'] ['police Pursuit' 'use Offensive Weapon to Avoid Lawful Apprehension' 'driving While Disqualified' 'unregistered Vehicle' 'general Deterrence' 'aggregate Sentence' 'special Circumstances' 'form 1 Offences']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas to Two Police Pursuit Offences and S 166 Certificate Matters, and After Judge Alone Finding of Guilt for Use Offensive Weapon With Intent to Avoid Lawful Apprehension

Legal Issues

  1. 1 ['What sentence should be imposed for two counts of Drive in a Manner Dangerous in a Police Pursuit, one count of Use Offensive Weapon with Intent to Avoid Lawful Apprehension, two Drive While Disqualified offences and one Use Unregistered Vehicle offence.' 'How the Form 1 police pursuit matter should affect the sentence for count 1.' 'Whether general deterrence, specific deterrence, criminal history, breach of parole, subjective circumstances, COVID-19 custody conditions and special circumstances affected the sentence.' 'Whether an aggregate sentence under s 53A of the Crimes (Sentencing Procedure) Act was appropriate.']

Ratio Decidendi

Full-time imprisonment was required because the offender committed serious and dangerous police pursuit offences, deliberately drove at a police officer to avoid lawful apprehension, had a substantial record including serious driving offences, offended while on parole, and the need for general deterrence and community protection was strong. An aggregate sentence was appropriate, with partial accumulation between the February and March offending and between the s 33B offence and the following pursuit, while the driving while disqualified sentences were treated as wholly concurrent. Special circumstances were found because the offender would need intensive and extensive supervision for...

Court Disposition

Sentenced to an aggregate term of imprisonment of 4 years and 3 months with a non-parole period of 2 years and 10 months, with concurrent licence disqualifications and no further penalty for the unregistered vehicle offence.

Orders

  • ['The offender is convicted of the two counts of Drive Manner Dangerous in a Police Pursuit to which he pleaded guilty and the one count of Use Offensive Weapon of which he was found guilty.' 'The offender is also convicted of the two offences of Drive While Disqualified attaching to the s 166 Certificate to which...