A man has been jailed over an incident that saw police officers fire shots at a vehicle out of fear of serious injury or death.
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Sheldon Smith will spend one month in prison, followed by a year-long community corrections order, for his crimes on the afternoon of June 23 this year.
Police tried to intercept the 25-year-old after witnessing him travelling at a fast speed in a Ford Territory at Toolern Vale, and an off-duty officer called triple zero when he saw the vehicle driving erratically on the Calder Freeway.
Two other officers then found the Ford in a driveway off Harmony Way, Elphinstone, and tried to block it in with their vehicle.
When the officers got out of their vehicle, Smith reversed then drove towards one of the officers - who was standing in front of the police vehicle - in his attempt to get away.
The court heard the officer believed he could be seriously injured or killed if he was pinned between the vehicles, and both officers fired their handguns at the Ford.
Smith then fled the scene.
Other police units pursued Smith for 15 minutes but he did not pull over until damage to his vehicle forced him to.
The Ford was displaying stolen number plates, and the day before this incident, Smith had stolen globes worth $5 from a Castlemaine service station.
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Smith pleaded guilty in the Bendigo Magistrates' Court this week to recklessly exposing an emergency worker to risk by driving, failing to stop on police direction, two counts of driving while suspended, two counts of using an unregistered vehicle, two counts of committing an indictable offence on bail, handling stolen goods, and theft.
Smith's pleas came after magistrate Sharon McRae indicated on Thursday that she would sentence him to one month's imprisonment and a community corrections order.
At that time, Smith had spent a total of 31 days in custody; however, 21 days formed his sentence for other offences that included assault, theft, driving, drug and bail offences.
Defence lawyer Luke Docherty submitted that while those 21 days could not count towards Smith's sentence in this matter, the magistrate ought to consider totality when imposing her sentence.
Mr Docherty said Smith had become involved in drug use and with people he should not have, but he had good prospects.
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On Friday, Ms McRae said Smith would have to serve one month on this matter, and he agreed to continue with the sentence indication.
As of Friday, he had served 11 days of his sentence.
Ms McRae said the community corrections order was a therapeutic order, to "try and keep [Smith] on track".
Under the order, Smith must undergo treatment for drug and alcohol use, and any other programs as directed.
He has also been banned from driving for two years.
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Natalie Croxon
Reporter at the Illawarra Mercury, mostly covering social affairs. Previously of the Bendigo Advertiser, Northern Daily Leader and Quirindi Advocate. Our Watch award winner.
Reporter at the Illawarra Mercury, mostly covering social affairs. Previously of the Bendigo Advertiser, Northern Daily Leader and Quirindi Advocate. Our Watch award winner.
