R v Adam HARRISON [2022] NSWDC 9

District Court New South Wales

Medium Neutral Citation: R v Adam HARRISON [2022] NSWDC 9 Hearing dates: 9 February 2022 Date of orders: 10 February 2022 Decision date: 10 February 2022 Jurisdiction: Criminal Before: Lerve DCJ Decision: Sentenced Catchwords: Sentence – police pursuit – use offensive weapon to avoid apprehension – deliberately driving at a police officer – need for general deterrence Legislation Cited: Crimes Act, 1900 Criminal Procedure Act, 1986 Cases Cited: Bugmy v The Queen [2013] HCA 37 Hamilton v R (1993) 66 A Crim R 575 Jibran v R [2020] NSWCCA 86 Mbele v R [2021] NSWCCA 184 The Attorney General's Application pursuant to s 37 of the Crimes (Sentencing Procedure) Act, 1999 (2002) 56 NSWLR 146 Toller v R [2021] NSWCCA 204 Valentine v R [2020] NSWCCA 116 Veen v The Queen (No 2) (1988) 164 CLR 465 Category: Sentence Parties: Regina Adam HARRISON (Offender) Representation: Counsel: Mr P Williams (for the offender)

Solicitors: Ms L Hanshaw (for the Director of Public Prosecutions) Mr D Wilson (for the offender) File Number(s): 2021/47281, 2021/68326 Publication restriction: No

Judgment 1. Adam Murray Harrison appears for sentence in respect of three matter on an indictment and three matters attaching to a Certificate pursuant to s 166 of the Criminal Procedure Act, 1986. There is also a Form 1 matter attaching to count 1 on the indictment. 2. An Indictment was presented against the offender at the Wagga Wagga District Court on 7 February 2022. Mr Harrison pleaded guilty to counts 1 and 4 which are both counts of Drive in a Manner Dangerous in a Police Pursuit contrary to s 51B of the Crimes Act, 1900. The maximum penalty is five years imprisonment as they are both what are commonly referred to as "second plus" offences. There is no standard non-parole period specified in respect of those matters. The pleas of guilty were entered on the day of trial and accordingly the appropriate discount for the utilitarian value of the pleas of guilty is 5%. 3. The remaining matter on the indictment is a charge of Use Offensive Weapon with Intent to Avoid Lawful Apprehension contrary to s 33B(1)(a) of the Crimes Act. That matter carries a maximum penalty of 12 years imprisonment. There is no standard non-parole period specified in respect of that charge. That matter was defended and was determined by judge alone. For reasons given on 9 February 2022 I found the offender guilty of that charge. As the offender put the Crown to proof on that matter there can be no discount or consideration for a plea of guilty. That is not to say that the penalty is increased because of the fact that the matter was defended merely that there can be no discount or consideration for any plea of guilty. 4. Attaching to count 1 is a further charge of Drive Manner Dangerous in a Police Pursuit on a Form 1 document. In passing sentence I will need to properly apply the principles enunciated by the Court of Criminal Appeal in The Attorney General's Application pursuant to s 37 of the Crimes (Sentencing Procedure) Act, 1999 No. 1 of 2002 otherwise known as the Guideline Judgment on Form 1 matters reported at (2002) 56 NSWLR 146. As the Crown correctly submitted the offence on the form 1 must have some meaningful impact on the sentence to imposed in respect of count 1 on the indictment. 5. The matters attaching to the Certificate Pursuant to s 166 of the Criminal Procedure Act are two charges of Drive While Disqualified and one charge of Drive unregistered vehicle. The second of the Drive While Disqualified charges is what is commonly known as a "second plus" offence, which increases the maximum penalty. The maximum penalty for the first of those charges is 6 months imprisonment and the maximum for the "second plus" offence is one of 12 months.