A p-plater who reached 200km/h in a Ford Focus and forced oncoming traffic off the road before being stopped by police road spikes, quietly went into custody when he was sentenced to jail.
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A friend of his who sat in the back of Orange Local Court for the p-plater's sentencing hearing on Wednesday, August, 9, 2023, was not so quiet and stormed out mid-way through the hearing.
He returned before Gary Michael Sarsfield Ellery was sentenced to full-time jail.
"F--k that," the supporter said and described the sentence as "a shocker".
Magistrate David Day heard him from the other end of the room and suggested the man retract his statement.
The man said he would retract it but immediately added, "we're going to appeal," and added "you wonder why young boys are the way they are" as he left.
Driving at high speed
Sarsfield Ellery, a 26-year-old man from Whiteley Street, Wellington, had pleaded guilty to charges including police pursuit, dangerous driving, p-plater exceed speed by 45km/h or more and driving with cannabis in his system.
According to documents submitted to the court, Sarsfield Ellery was driving a Ford Focus hatchback with a red p-plate tucked behind the number plate east on the Mid Western Highway at Kings Plains at 12.49pm on May 4, 2023.
Police estimated its speed as between 130km/h and 120km/h in a 100km/h zone. When the radar was used it showed the car was travelling at 126km/h dropping to 124km/h.
Police tried to follow the vehicle but its speed increased and as it passed Winterwood Lane the speed was estimated to be 170km/h.
Dangerous driving
While driving at high speed, the car crossed a single unbroken line and overtook another vehicle.
The car returned to the correct side of the road but continued to speed so police placed themselves directly behind the Ford Focus for 400m and the police car's calibrated speed was 203-206km/h without the police significantly gaining ground.
Police decided not to initiate a pursuit due to the dangerous driving, which included crossing another single unbroken line to overtake two more vehicles.
The Ford Focus was seen travelling towards Bathurst again at 1pm when police were patrolling the Mid Western Highway near the intersection of Hen and chicken Lane at Evan's Plains.
Police pursuit
A police pursuit was initiated on the second siting and the vehicle's speed was estimated at 170km/h in an 80km/h speed limit and 120km/h in a 60km/h zone on the Mid Western Highway.
The car turned without indicating but used hazard lights at Stewart Street and Brilliant Street while driving towards Orange.
While travelling at 100km/h in a 40km/h zone, the car drove onto the wrong side of the road causing oncoming traffic to take evasive action and move off the road to avoid a collision.
Police terminated the pursuit while it was traveling west on Mitchell Highway towards Orange and road spikes were deployed soon afterwards at 1.20pm at Guyong.
Dramatic end
Sarsfield Ellery saw the police deploy the road spikes and slammed on the brakes and skidded for a short distance. Her drove over the road spikes which deflated the tyres.
He stopped, got out and got on his knees and held his hands above his head.
When asked why he fled he said, "I just had a brain fart".
Mr Day read out details of Sarsfield Ellery's dangerous driving from the document and said the 100km/h signposted speed limits were determined by qualified engineers.
Supporter's outburst
While Mr Day was talking, one of Sarsfield Ellery's supporters got up and left the room swearing and attracting the magistrate's attention.
"This was a prolonged exercise starting at Kings Plains," Mr Day said continuing to sum up the case.
"I've seen some bad driving over the years, this was among the [worst].
"He's a young man but he's engaged in extremely dangerous criminal behaviour.
Drugs detected
Sarsfield Ellery also tested positive for cannabis after he was stopped.
Mr Day disqualified his driver's licence for three months for having the drug in his system and convicted him without further penalty for that offence.
"Cannabis is detectable for up to 42 days after you ingest it in whatever form, that's six weeks," Mr Day said.
"You have a puff on a bong, anytime before six weeks that's detectable."
Clean skin
Solicitor Taras Maksymczuk said his client did not have any criminal history and he said there was no accident or injury resulting from his actions.
"Was that luck?" Mr Day asked.
Mr Day noted that Sarsfield Ellery was "a clean skin" but that road spikes were also required to stop the pursuit.
He said the police pursuit and dangerous driving were serious offences and custodial sentences were required.
The sentence
Mr Day gave Sarsfield Ellery a seven-month full-time jail with a three month non-parole period for the police pursuit.
The sentence started on Wednesday meaning Sarsfield Ellery could be released on November 8, 2023.
Mr Day also sentenced him to three months in jail for the dangerous driving and convicted him without further penalty for speeding.
Sarsfield Ellery's P1 driver's licence was also disqualified his driver's licence for 12 months for the dangerous driving and pursuit, and six months for speeding.
"Those disqualifications only arise once you are released from custody," Mr Day said.
Sarsfield Ellery did enter a severity appeal to be heard in the district court but his bail was refused.
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