A Nowra Hill man jailed for seven months for disobeying a police roadblock during the recent bushfire emergency before leading officers on a short pursuit has appealed the severity of his sentence.
Bradley Donald Davis, 22, had pleaded guilty to resisting police, police pursuit and not complying with police direction after driving around a police roadblock at the intersection of Albatross and Braidwood roads on December 23.
The court heard the home Davis was staying at on BTU Road was part of the exclusion zone as the large Comberton fire impacted on Forest Road.
Solicitor Brett Ford told the court Davis' housemate was preparing dinner when Davis decided to get fuel for the vehicles, thus leaving the property.
When he had left the home his housemate realised Davis had both sets of keys to the vehicles.
As he tried to return to the area Davis discovered a roadblock was in place at the intersection of Albatross and Braidwood roads with a marked police car in place.
He was told it was "unsafe" and wasn't allowed to return to the property.
However, Mr Ford said a vehicle in front had been allowed through the roadblock.
Davis allegedly told police he had "rights" and drove around the roadblock heading towards BTU Road.
Another police highway patrol vehicle activated its lights and sirens and started a pursuit which reached speeds of 70km/h in a 60 zone.
Police claim Davis passed another fully displayed road closed sign on the incorrect side of the road before stopping the vehicle when he reached the gravel entry to the property off BTU Road.
The court heard there he got out of the vehicle and again yelled abuse at police.
Magistrate Gabriel Fleming described Davis' actions as selfish.
"These are very serious offences," she said.
"This happened in the context of an emergency, a fire. Police and emergency services were doing their jobs, protecting people.
"They had to leave those duties to pursue you which makes your actions very serious.
"It is important we send a message to the community, a strong message of determent.
"People can't put their needs or wants above everyone else.
"It is important the community is protected.
"There is no alternative to jail."
Magistrate Fleming took into account Davis' lack of criminal history and his need for a licence for work.
She sentenced him to seven months' jail with a non-parole period of two months and also disqualified him from driving for two years.
Davis appealed the severity of the sentence and has been granted bail with the matter to be heard before Nowra District Court on February 17.
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