A disqualified driver who led police on an erratic chase which ended when he T-boned his victim at Bomaderry has lost a bid to reduce his sentence.
Caleb Flentjar was sentenced at Wollongong District Court in February to five years' jail with a non-parole period of three years over two separate incidents.
Flentjar appealed to the Supreme Court on the ground that Judge Andrew Haesler erred in reducing the weight of the sentence due to his intellectual disability, mental health, and background of profound disadvantage.
Flentjar first led police on a chase along the M1 Princes Motorway in December 2021, where he hit speeds of 185kmh.
Flentjar overtook other drivers on the shoulder of the motorway and police called off the chase pursuit due to safety concerns. The car was later found dumped at Port Kembla.
He took police on a second chase in January 29, 2022 when he was behind the wheel of a stolen Holden Commodore driving 130 to 140kmh on the Princes Highway at Willow Vale.
Flentjar failed to stop and crossed onto the wrong side of the road, overtaking several vehicles.
He hit speeds of up to 180kmh during the pursuit which police called off at Berry.
Police kicked off another chase when they found Flentjar at Meroo Meadow where he hit speeds of 100kmh in an 80 zone.
Officers deployed spikes, puncturing three of the Commodore's tyres.
As Flentjar travelled through the intersection of the Princes Highway and Bolong Road at Bomaderry, he T-boned a Suzuki Swift, hitting it on its passenger side.
He managed to get out of car and fled towards a boundary fence.
A police officer caught up to Flentjar and grabbed him by the leg, but he kicked the officer in the chest and broke free.
He then swam across a creek and ran into the bush.
Meanwhile, the male victim who was in the Swift was taken to hospital and sustained a complex fractured pelvis, a fracture to the hip socket, and rib fractures.
The court previously heard the victim has lifelong mobility issues as a result.
Flentjar pleaded guilty to multiple driving-related charges including aggravated dangerous driving causing grievous bodily harm, police pursuit, driving while disqualified and assaulting an officer.
Judge Haesler in February determined the incidents showed a "high degree of moral culpability; that can only be reflected in a sentence of some length".
He said there were multiple opportunities for Flentjar to stop, however he failed to do so, with the fact he was disqualified showing "contempt for the orders of the court and the road rules".
In sentencing, Judge Haesler said it was clear from the material that Flentjar's background of disadvantage was "desperately sad".
He is an Indigenous man who has been unable to engage in his culture because "most of his short life [has] been spent in custody". He also experienced multiple traumas and serious, adverse childhood experiences.
Relatives introduced Flentjar to drugs when he was 11. He has several diagnoses including schizophrenia, intellectual disability, ADHD, depression, personality disorder, and a long history of heroin, methylamphetamine and Xanax abuse.
Flentjar's legal counsel submitted Judge Haesler erred by not reducing the weight of the sentence because of Flentjars "tragic and compelling subjective circumstances".
However, Justice Helen Wilson, Justice Desmond Fagan and Justice Deborah Sweeney agreed in a decision handed down on Friday that he did not make an error in sentencing in such a "complex, difficult case".
The appeal was dismissed. Flentjar will become eligible for parole in April 2025 as per his original sentence.