R v Jason

[2002] SASC 201

R v JASON
[2002] SASC 201

Court of Criminal Appeal:  Doyle CJ, Williams and Gray JJ

1. DOYLE CJ:          I would dismiss the appeal.  I agree with the reasons given by Gray J.  There is nothing that I wish to add.

2. WILLIAMS J       I agree that this appeal should be dismissed for the reasons given by Gray J.

   GRAY J

   Background

3. The appellant pleaded guilty to nine counts of creating risk of bodily harm[1], two counts of damaging property[2] and one count of illegal use of motor vehicle[3]. He was convicted of each offence.

   [1] Contrary to s 29(3) of the Criminal Law Consoldiation Act 1935 (SA). Maximum penalty is five years imprisonment.

   [2] Section 85(3) of the Criminal Law Consolidation Act 1935 (SA). Maximum penalties of two and three years imprisonment.

   [3] Section 86A of the Criminal Law Consolidation Act 1935 (SA). Maximum penalty two years imprisonment, with a disqualification of driver’s licence for twelve months.

4. The learned sentencing judge (“the judge”) invoked Section 18A of the Criminal Law (Sentencing) Act 1988 (SA) (“the Sentencing Act”) and imposed one penalty for all offences. He sentenced the appellant to imprisonment for a period of five years and three months and set a non-parole period of three years and six months. In fixing the head sentence the judge took seven years as his starting point and made a reduction of 25 percent on account of the pleas of guilty. The judge declined to exercise his discretion to suspend the sentence. He disqualified the appellant from holding or obtaining a driver’s licence until further order.

5. The offending occurred on 13 May 2001. At about 8.30 pm the appellant was observed driving at Hackham West by a police officer. He was followed in an unmarked police vehicle. A check indicated that the vehicle registration had expired some days earlier. The officer activated the vehicle’s flashing red and blue lights. The appellant stopped and the unmarked police vehicle stopped to the rear of his vehicle. The officer started to get out of the police vehicle. The appellant then reversed into that vehicle. The officer had to jump out of the way to avoid injury.

6. The appellant then drove off, with the officer giving chase. During the pursuit, the appellant drove at high speeds.  He overtook a number of vehicles and caused others to take evasive action. A marked police vehicle also joined the pursuit, as did the police helicopter. The appellant drove towards the marked police vehicle, causing it to swerve to avoid collision. At that time his speed was estimated at 60 to 70 kilometres per hour.

7. A second marked police vehicle began following the appellant’s vehicle.  That vehicle activated its siren, but the appellant continued driving at high speeds reaching up to 100 kilometres per hour. The appellant travelled through the intersection of South Road and Flaxmill Road, Morphett Vale.  He disobeyed a red light at a speed of approximately 80 kilometres per hour. As he proceeded along South Road, he…