STATE OF TASMANIA v JUSTIN CRAIG CLEAVER 12 JUNE 2026
COMMENTS ON PASSING SENTENCE ESTCOURT J
The defendant, Justin Craig Cleaver, who was 31 years old at the date of the offending, has pleaded guilty to one count of dangerous driving on indictment and I have agreed to deal with a number of summary matters to which he has entered pleas through his counsel. They are charges 6, 8, 12 and 13, on complaint number 11970/2024, which are driving whilst not the holder of a driver licence; Dishonestly alter or display a document in a way calculated to deceive; Breaches of bail conditions and charge 3 on that complaint – Evading police in aggravated circumstances.
On 18 October 2024, the defendant was granted bail in the Magistrates Court on condition that he reside at [address redacted] and not be absent from that address outside the hours of 9pm and 7am, unless in the immediate, physical presence of the surety, Emma Sutcliffe. He was subject to a further condition that he not drive or attempt to drive any motor vehicle or motorcycle, or be found in possession of keys of a motor vehicle or motorcycle.
On 7 November 2024, while the subject of those bail conditions, he was observed driving a white Mitsubishi Outlander with stolen registration plates, registered to his girlfriend, Renee Salter. Police observed the vehicle conducting a U-turn near his address and attempted to intercept it. The defendant responded by driving over a nature strip onto Rokeby Road, forcing other vehicles to brake heavily to avoid a collision. Emergency lights and sirens were activated by police at this point.
The defendant then drove in the wrong direction across a lane, crossed a solid white line, and accelerated heavily. He overtook several vehicles using an oncoming right-turn lane and traversed a painted traffic island at speeds exceeding the posted limit of 70 kilometres per hour. This was captured on police video. Subsequently, he moved into a left-hand lane and drove through intersections against red traffic lights, repeatedly forcing other vehicles to brake and take evasive action to avoid collisions. The police subsequently deactivated their lights and sirens due to safety concerns.
A police helicopter and vehicle immobilisation devices were deployed during the pursuit. The defendant continued weaving through traffic along the South Arm Highway, Mornington roundabout, and Tasman Highway, eventually entering East Derwent Highway, where heavy traffic prevented safe police pursuit. Over approximately ten minutes, the defendant conducted laps through several suburbs — Rose Bay, Lindisfarne, Geilston Bay, and Montagu Bay — with continuous helicopter observation.
Around 3.45pm the defendant drove on the incorrect side of the East Derwent Highway and entered an intersection at speed, colliding first with a stationary black Ford Focus driven by Taylah Farr, whose airbags deployed and car was damaged, then immediately with a police vehicle driven by Constable Andrew Sulman. The defendant did not stop after either collision.
Shortly later, a vehicle immobilisation device was deployed, affecting his tyres, but the defendant continued driving, striking a white Honda driven by Peter Hetenbry, thereby causing further damage. He merged onto Tasman Highway, took the Rosny Hill exit, and proceeded to Bligh Street, where another device was deployed. His vehicle slowed and crossed into the wrong side of the road, repeatedly, causing other vehicles to take evasive action. The defendant entered a roundabout in the incorrect direction, turned into several streets, and had multiple immobilisation devices deployed along the way, ultimately driving on rims due to tyre damage.
Near the intersection with Bruny Street, the defendant mounted the footpath and nature strip, lost the vehicle’s under-guard, and then returned to the road. The pursuit ended when Special Operations Group vehicles performed a tactical intercept on Gordons Hill Road, at which point the defendant exited the vehicle and attempted to flee but was apprehended.
Throughout this course of driving, the defendant collided with three vehicles, repeatedly drove through red lights, forced other vehicles to take evasive action, travelled on incorrect sides of roads and roundabouts, drove at excessive speed, utilised stolen plates, and attempted to evade police using dangerous manoeuvres. The overall period of driving lasted approximately 40 minutes.
The defendant subsequently tested positive for methylamphetamine and amphetamine. At the time of the incident, he had significant prior convictions, including four previous convictions for dangerous driving.
The defendant was in custody on this matter from the date of his arrest on 7 November 2024, until receiving bail on 5 June 2025. The defendant had his bail revoked on 25 August 2025 and was in custody from that date until I ordered that he be released on bail on 19 March 2026. That is 209 days and then 206 days, a total of 415 days, or almost 14 months in custody.
On 17 December 2024 when sentencing the defendant on the third of his dangerous driving convictions in this Court, Porter AJ said:
“The defendant is now 31 years old. He has a very long and extensive record of offending, with a significant number of convictions for serious driving offences. Heavy drug use and addiction has been at the heart of much of his record. He has twice been dealt with in this Court for dangerous driving and associated summary charges. On 13 June 2018, when sentencing the defendant for dangerous driving and summary matters including evading police, a judge of this Court said:
‘When he was 16 he was given community service for driving while disqualified and reckless driving. In July 2012 he was sentenced to community service and probation for numerous summary offences committed in that year, including obstructing police and three counts of driving without a licence. On 26 June 2013 the defendant was sentenced to imprisonment for a total of seven months, three months of which was suspended, for a substantial number of offences including two counts of evading police, one count of refusing to submit to the taking of a blood sample, refusing a breath analysis and a breath test, driving with alcohol in excess of the prescribed limit, two counts of driving without a licence and two counts of driving while disqualified, and threatening and resisting the police. He was not deterred. On 3 May 2014, following his release from prison, he committed the offences of dangerous driving and driving while disqualified, also involving a high speed police chase around the streets of Hobart. On 28 May 2015 he threatened and assaulted a police officer. On 12 November 2015 he was sentenced for those and numerous other offences to terms of imprisonment totalling 16 months, three months of which was suspended. That sentence, as others had before, included a lengthy period of disqualification from driving. On 20 July 2016 he was imprisoned for 18 months, six months of which was suspended, for Criminal Code assault. On that occasion he was also with his father. The defendant had a pistol and his father had a rifle. They both assaulted another man by firing the guns towards him. He was released on parole on 19 December 2016 but his parole was revoked on 28 April 2017 and he was eventually released from custody in June 2017.’
“On 20 August 2021, again on dangerous driving and associated summary offences, the defendant was made the subject of a drug treatment order; the custodial period was 24 months. That order was in force at the time of this offending. There can be no doubt that the defendant had a traumatic and dysfunctional upbringing, being exposed to violence, drug offending and significant criminality within the family leading to little effective schooling. He was sexually abused by a family member as a boy. He was also the subject of abuse while in Ashley Detention Centre. I note that he was able to stay on the drug treatment program for quite a long period before it was cancelled. He has been able to maintain a relationship with a woman with whom he has children, notwithstanding the relationship has been interrupted by long periods in custody. Since more recently being in prison he has done what he can in terms of the support available to address his problems. When he is out of gaol, he hopes to be able to enrol in a residential rehabilitation program. I was told that particularly over recent months prison conditions have been harsh, with a high percentage of lockdown periods, something which I take into account. I take into account the defendant’s background and his other personal circumstances. I also take into account his pleas of guilty, the plea to the indictable matter, at least obviating the need for a jury trial.”
Porter AJ said in his Comments on Passing Sentence on the last occasion:
“You are a serial offender for crimes of this type and driving offences generally. This episode of dangerous driving is at the low end of the scale but in your case, imprisonment is necessary, but I think a short period will suffice. You are convicted of all matters and sentenced to six months imprisonment…”
The defendant was also disqualified by Justice Porter from driving for a period of 18 months.
It cannot be said on this occasion that the dangerous driving was at the lower end of the scale. Quite the contrary, and a short period of imprisonment would not suffice. Indeed, I would suggest, Mr Cleaver, that you are at risk of an application to make you a high risk offender, which might just ruin the rest of your life.
The defendant has however, already served a period of 415 days and that must be taken into account.
The defendant is convicted on each of the offences to which he has pleaded guilty and I impose a single sentence, save for the evade police, where I must impose a separate sentence.
The defendant is sentenced to two years and six months’ imprisonment and taking into account time served, and the fact of parole eligibility, which I would otherwise have allowed on any sentence, the sentence is backdated 415 days from today, which I calculate to be Wednesday, 23 April 2025, and the balance of that sentence is suspended on condition that the defendant commit no offence punishable by imprisonment for a period of 18 months from today. He is disqualified from holding or obtaining a driver’s licence for a period of 15 months from today.
On the charge of evade police, the defendant is sentenced to six months’ imprisonment, to be served concurrently with the sentence I have just imposed and backdated, and is disqualified from holding or obtaining a driver’s licence for a period of 15 months from today, again to be served concurrently with the period of disqualification I have just imposed.
The State has made application for a compensation order pursuant to section 68(1) of the Sentencing Act 1997 in favour of Taylah Farr and Peter Hetenbry, in an amount to be assessed. I make that order.