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
The Attorney General's Application pursuant to s 37 of the Crimes (Sentencing Procedure) Act, 1999 (2002) 56 NSWLR 146
Category: Sentence Parties: Regina
Adam HARRISON (Offender)Representation: Counsel:
Solicitors:
Mr P Williams (for the offender)
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
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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.
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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%.
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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.
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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…
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- AGLC
- R v Adam Harrison [2022] NSWDC 9
- Case
- [2022] NSWDC 9
- Decision Date
CaseChat Overview and Summary
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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