TONY James Simmons smiled and fist-pumped the air after being sentenced to 12 months’ jail in Bathurst Local Court yesterday.
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The 29-year-old appeared before magistrate Michael Allen in Bathurst Local Court to face charges relating to a police pursuit in Bathurst last year.
The matter was originally going to hearing, but Simmons’ solicitor Michael Madden told the court his client was pleading guilty to the charges of a person who had never been licensed driving a vehicle on the road; and a police pursuit, not stopping, driving in a manner dangerous.
A third charge, for a police pursuit, not stopping, and driving at speed, was withdrawn and dismissed.
At the time of the offence, Simmons was on parole after being found guilty of the assault occasioning actual bodily harm of Bathurst man Andrew Russell.
Mr Madden said the court would be “troubled by the facts” and also his client’s record, and said there “was no doubt a custodial sentence” was appropriate in relation to the charges.
The police facts tendered to the court told how Simmons was seen by police driving along Suttor Street on October 23. Police were aware Simmons did not have a licence.
Police activated their warning lights, but Simmons ignored police, reaching speeds of between 110km and 120km/hr in a built-up residential area in which the limit was 50km/hr.
At one point, Simmons was driving on the wrong side of the road.
The pursuit continued for about five kilometres before police lost sight of the car, which Simmons abandoned in O’Connell Place.
Police again came across Simmons, this time on foot in Stack Street, drew their firearms and challenged him to stop, but he ran from them.
Police gave chase, eventually taking Simmons to ground and arresting him.
In sentencing, Mr Allen said Simmons had a poor forensic history.
“There’s 14 pages of it, and he was on parole at the time,” he said, adding this was a significantly aggravating factor.
Mr Allen said Simmons put other road users in danger and said the courts would act to protect other members of the community.
On the first matter, a person who had never been licensed driving a vehicle on the road, Simmons was convicted under Section 10A.
On the second matter, a police pursuit, not stopping, driving in a manner dangerous, Simmons was convicted and jailed for 16 months, with a non-parole period of 12 months, to commence on October 23, 2015. Simmons will be eligible for parole on October 22 this year.
Mr Allen also disqualified Simmons from driving for a period of two years.