A 36-year-old man who was riding a stolen Yamaha motorcycle when he led police on a chase through East Launceston in 2020 has had his sentencing further delayed.
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Oliver William Clark was found guilty of a number of charges in March last year.
However, because of COVID-19 related complications, Clark became stranded in NSW and could not return to Tasmania for sentencing.
He was originally supposed to be sentenced on May 31 last year. He appeared by telephone several times.
Clark was found guilty of evading police in aggravated circumstances, because he was riding a stolen motorcycle, four counts of driving while disqualified, possession of stolen property, four counts of obtaining goods by false pretences and possession of a controlled drug.
The court also heard that an application had been made that Clark breached suspended sentences from 2017, 2018 and 2019.
Defence counsel Patrick O' Halloran asked Magistrate Ken Stanton to order an updated pre-sentencing report which would consider Clark for a drug treatment order or a home detention order.
Mr Stanton ordered that he reappear on March 23 at 2.15pm.
Last year Clark claimed he did not know he was being pursued by police when he rode along High Street, Ann Street, Abbott Street, Claremont Street, Elphin Road and Cypress Street before police found a stolen motorcycle lying beside the road.
Clark decamped and was trying to climb the gate into the Newstead College when police called him to stop.
The court heard that police undertook a U-turn in High Street after they saw the motorcycle travelling in the opposite direction.
Police officers activated emergency lights and gave evidence that the siren was briefly activated. However, Mr Stanton said he could not find beyond reasonable doubt that the siren was activated.
In his decision, Mr Stanton found it implausible that Clark did not know he was being pursued by police when he drove away from them about 2.15am on April 6, 2020.
He told police on the night of the incident that he thought he was being chased by the person from whom he had stolen a Yamaha motorcycle worth $7900.
Mr Stanton said it was implausible that Clark did not know it was a police car when they were 15-20 metres behind him with lights flashing for a distance of 200m down Ann Street.
"The fact is, lights would be obvious to the front and side at that time of night," he said.
"The defendant does admit he wanted to avoid interception and that is understandable because he had just stolen a motorbike.
"He saw and knew a police vehicle was following and when caught up with he then co-operated."
Mr O'Halloran said Clark had ceased all drug use but would still be eligible because of the extended coping mechanisms provided.
He said Clark had previously been assessed for the court-mandated drug diversion program but an update would be required because of the delay since April 26.
Nick Clark
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
