Australia, July 22 -- New South Wales Land and Environment Court issued text of the following judgement on June 20:

1. KIRK JA: I agree with Davies J.

2. DAVIES J: The applicant was found guilty after trial of three offences as follows:

Count 1: Use offensive weapon in company with intent to prevent lawful apprehension contrary to s 33B(2) of the Crimes Act 1900 (NSW). The maximum penalty for this offence is 15 years' imprisonment. There is no standard non-parole period.

Count 2: Police pursuit, not stop and drive in a manner dangerous, contrary to s 51B(1) of the Crimes Act. The maximum penalty for this offence is 3 years imprisonment and there is no standard non-parole period.

Count 3: Intentionally destroy property by fire contrary to s 195(1)(b) of the Crimes Act. The maximum penalty for this offence is 10 years' imprisonment and there is no standard non-parole period.

3. The applicant was sentenced by Judge Wilson SC on 5 July 2024. In addition to the three offences listed above, there were three offences on a s 166 certificate as follows:

Sequence 1: Drive a motor vehicle during disqualification period (second offence) contrary to s 54(1)(a) of the Road Transport Act 2013 (NSW). The maximum penalty is 12 months' imprisonment and/or a fine of 50 penalty units. There is no standard non-parole period.

Sequence 2: Drive conveyance taken without consent of the owner contrary to s 154A(1)(b) of the Crimes Act. The maximum penalty for this offence within summary jurisdiction is 2 years' imprisonment and/or a fine of 50 penalty units. There is no standard non-parole period.

Sequence 3: Use a class A vehicle displaying misleading numberplate contrary to s 129(3)(b) of the Road Transport (Vehicle Registration) Regulation 2017 (NSW). The maximum penalty is a fine of 20 penalty units.

4. Judge Wilson SC sentenced the applicant to an aggregate sentence of imprisonment for 7 years commencing 7 April 2022 and expiring 6 April 2029 with a non-parole period of 4 years 6 months expiring 6 October 2026.

5. The indicative sentences were as follows:

Count 1: Imprisonment for 4 years 6 months.

Count 2: Imprisonment for 2 years 6 months.

Count 3: Imprisonment for 3 years.

Sequence 2 on the s 166 certificate: Imprisonment for 1 year, 6 months.

6. In respect of sequences 1 and 3 on the s 166 certificate there was a conviction with no further penalty pursuant to s 10A of the Crimes (Sentencing Procedure) Act 1999 (NSW).

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1970fa805f7e5a94232ed9fc)

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