Adam Mitchell wins appeal to be released from jail after high-speed Kurri Kurri pursuit

A North Rothbury man jailed for trying to flee police following a dangerous high-speed pursuit before being caught by a cunning police dog, has appealed his sentence.

A North Rothbury man jailed after he led police on a high-speed pursuit before being captured by police dog ‘Muttley’, has won an appeal on his sentence which sees his release.

Adam Mitchell, 35, had his 12 month jail-term quashed in Newcastle District Court on Friday.

Instead, he’ll be released back into the community to serve his sentence by way of an intensive corrections order (ICO). It was also cut to nine months and he will have to complete 200 hours of community service.

“The appeal is allowed,” Judge Tim Gartelmann said.

“The magistrate was right to conclude a sentence of imprisonment and the seriousness of the offence justified that outcome, but I’m satisfied an ICO would be appropriate for sentencing with conditions.

'Muttley' the police dog tracked down Adam Mitchell when he tried to flee police into bushland, following a high speed pursuit which started when he dodged an RBT at Kurri Kurri. Picture: NSW Police

Mitchell dodged a random breath test (RBT) at Kurri Kurri on July 16 last year, before leading police officers on a dangerous 25 kilometre pursuit, reaching speeds of up to 160km/h.

Police facts said when the vehicle stalled, the 35-year-old and a woman passenger fled into bushland, but he was eventually tracked down by a clever police dog, when the dog unit was called in for assistance.

‘Muttley’ sniffed out Mitchell hiding in shrubbery and held him at bay for police to make their arrest.

He pleaded guilty to police pursuit drive dangerously; using a vehicle in contravention of a major defect notice; and three counts of unlawfully possessing number plates.

Earlier

Police dog ‘Muttley’ foils man’s plan to flee following pursuit

A North Rothbury man’s attempt at trying to evade police, fleeing into bushland following a high-speed pursuit, was ultimately foiled by the cunning actions of police dog “Muttley”.

Adam Mitchell, 36, dodged a random breath test (RBT) at Kurri Kurri on July 16 last year, before leading police officers on a dangerous 25 kilometre pursuit, reaching speeds of up to 160km/h

Mitchell was arrested when he tried to flee police into bushland. Picture: NSW Police

Police facts said the Holden Commodore ute turned onto to Wine Country Drive before it stalled near the Tuckers Lane intersection, and Mitchell and a woman fled on foot.

Police gave chase and set up a perimeter but the pair were eventually tracked down by a clever police dog, when the dog unit was called in for assistance.

‘Muttley’ sniffed out the 36-year-old hiding in shrubbery on Tuckers Lane and held him at bay for police to make their arrest.

Mitchell pleaded guilty to police pursuit drive dangerously; using a vehicle in contravention of a major defect notice; and three counts of unlawfully possessing number plates.

The woman was also arrested, but pending further inquiries was released without charge.

In Cessnock Local Court on Wednesday Mitchell was sentenced by Magistrate Andrew Miller to 12 months jail with a non-parole period of six months for the charge of police pursuit.

He received a conviction for each remaining charge but no penalties were imposed.

He’ll be eligible for release in January next year.