Liam Heterick appeals prison sentence in Dubbo District Court after high-speed police chase

A Trangie man was high on ice and sped up to 140km/h to avoid police, later crashing into a street sign, successfully appealed his sentence. Find out what happened in court.

A Trangie man who was high on ice and sped up to 140km/h to avoid police, later crashing into a street sign, successfully appealed his sentence on Thursday.

Liam Heterick appeared via audio visual link, supported by his mother, father, brother and another relative in Dubbo District Court after he was handed a 12-month imprisonment in May.

According to documents tendered in court, Heterick was driving a green Mitsubishi Magna on Nymagee Street in Narromine on June 14 2021.

Police noticed the car and attempted to stop the vehicle for a random breath test, but when they activated their warning sirens, Heterick increased his speed and a pursuit was initiated.

Heterick sped past several give way signs without stopping before turning left onto the Mitchell Highway, speeding up to 140km/h in a 50km/h residential zone and drove straight through a railway line in order to avoid police, court documents reveal.

Heterick continued to travel at speeds of up to 140km/h while heading towards Narromine township.

The court heard that due to Heterick’s excessive speed and dangerous driving, police were forced to terminate the pursuit.

Liam Heterick successfully appealed his sentence on Thursday.

Documents reveal the vehicle spun out of control, crashing into a median strip and a give way sign which was ripped out and flung across the road on impact.

Council CCTV footage captured a semi-trailer on Dandaloo St slamming its breaks to avoid colliding with Heterick’s car.

The offender left skid marks for approximately 90 metres before the intersection with witnesses saying he was lucky not to kill himself or anyone else.

Heterick exited the car, which had come to rest on the wrong side of the road, with Judge Smith recounting the events in court on Thursday.

He said two witnesses identified Heterick, “having known him for years” with other witnesses describing the accused to be in a panic and breathing heavily.

Heterick was repeatedly saying, “I’m so sorry, I’m so sorry” as he ran into a home on Dandaloo St, removing his hat and jacket before exiting the house via the rear door and heading towards the alley.

Police dogs attempted to track him but lost his scent and a short time later Heterick was located in the back seat of another car heading south on Dandaloo St.

He was placed under arrest, admitting to police he had not slept for seven days due to taking large quantities of ice.

Court documents state police described Heterick’s demeanour to be sporadic, slurring his words and unable to speak sentences in sequence. They stated he was fighting and sweat was forming on his top lip before he was taken to Narromine police station and charged.

During submissions made to Judge Smith, Heterick’s defence lawyer Mr McGirr accepted that his client crossed the section five threshold, however he believed there were conditions that could be imposed to allow Heterick to serve his imprisonment in the community by way of an intensive corrections order.

While Mr McGirr admitted his client’s criminal and driving record was “not great”, he said since the incident in June last year, there was no record of any offending.

The Crown prosecutor, Ben Gillies disputed the defence’s submission, saying Heterick’s non-offending was down to the strict bail conditions imposed, although he did accept the offender’s ability to abide by those particular conditions.

Mr Gillies opposed an intensive corrections order due to the increased risk to the community if Heterick was allowed to serve the sentence away from custody.

In reply, Mr McGirr highlighted his client’s willingness to follow the strict bail conditions as a reason why he should be given an intensive corrections order.

“I say those risks (of reoffending) can be alleviated by the (conditions) put in place,” Mr McGirr said.

“He is on a knife’s edge in relation to this, but he does have some issues and has shown maturity (ever since the incident).”

Liam Heterick engaged in a police pursuit before crashing into a medium strip sending a give way sign flying.

In deliberating over a decision, Judge Smith found both arguments to be “finely balanced”, although leaning towards an intensive corrections order if he was confident Heterick would be residing at his home address.

“Forgive me for being careful, I want to be clear who lives at that address … I want precision in relation to this matter,” Judge Smith said.

Following a short adjournment, Mr McGirr confirmed that the only people who live at the address in Trangie are Heterick‘s parents and brother.

“What has persuaded me to resolve it to the favour of the appellants position is what I said above and that is in the context of the man who is still relatively young in his mid-20s,” Judge Smith said.

“He has for a period of a year in the context of a structure, which includes work, home life and family support and some treatment, (he has) managed to not reoffend.

“If but for those matters I would have no hesitation in dismissing the appeal.”

Judge Smith concluded by sentencing Heterick to an intensive corrections order, meaning the offender would be released from Wellington Correctional Centre.

Although accepting the order is “a degree of leniency”, Judge Smith imposed an aggregate sentence of 12 months for the two separate offences, expiring on May 1, 2023.

Heterick is to be report to a community corrections officer within the next seven days.

As part of the intensive corrections order, Heterick was handed 100 hours of community service, he must abstain from alcohol and non-prescription drugs and must remain at the nominated premises in Trangie between 9pm and 6am.

“If you fail to comply with the conditions of the order, sanctions may be imposed on you,” Judge Smith told Heterick.

“They may include (and) inevitably the revocation of the order.”