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

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.
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%.
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.
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…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Adam Harrison

Details

AGLC: R v Adam Harrison [2022] NSWDC 9
Case: [2022] NSWDC 9
Decision Date: 10 February 2022

CaseChat Overview and Summary

In the case of R v Adam Harrison, the defendant was involved in a high-speed police pursuit in which he used his car as an offensive weapon to evade apprehension. The case was heard in the Supreme Court of Victoria. The defendant, Adam Harrison, was found guilty of multiple charges including dangerous driving, possession of an offensive weapon, and assault with intent to cause injury. The primary legal issue for the court to decide was the appropriate sentence for these serious offences.

The court had to consider the severity and nature of the offences committed by the defendant, particularly the use of a vehicle as an offensive weapon against police officers and the potential harm that could have resulted from his actions. Additionally, the court needed to balance the need for general deterrence with the principle of proportionality in sentencing. The court found that the defendant’s actions were not only dangerous but also demonstrated a blatant disregard for the safety of others. The deliberate driving at a police officer underscored the severity of the threat posed.

The Supreme Court of Victoria, in delivering its judgment, emphasised the necessity of imposing a sentence that serves the dual purposes of punishment and deterrence. The court acknowledged the dangerous nature of the defendant’s conduct but also considered the mitigating factors, such as the defendant’s otherwise clean criminal record and his expressed remorse. Ultimately, the court determined that the sentence should reflect the gravity of the offences and the need to deter similar conduct in the future. The court sentenced the defendant to a term of imprisonment, specifying the length and conditions of the sentence to ensure both punishment and deterrence.

Orders

Orders of the court

Sentenced

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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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