An Albury man who wouldn't name the driver of a utility in a police pursuit has had his sentencing delayed because of a District Court appeal.
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Jayden Waihaki Nuku was to have been sentenced in Albury Local Court this week.
But magistrate Sally McLaughlin decided to delay this until his matters were heard before Judge Sean Grant in Albury on March 15.
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Issues of totality in sentencing had come into play.
On January 19, relieving magistrate Roger Prowse jailed Nuku for 30 months, with a minimum of 20, on charges including police pursuit and contravention of an apprehended violence order.
He lodged a severity appeal.
Nuku broke an apprehended violence order by phoning his partner 67 times in three days and later led police on a 130km/h chase down Wagga Road.
It was after his arrest on these matters on August 24 that he was asked about the incident from late May.
While he refused to name the driver in this interview, Ms McLaughlin determined the offence occurred on the earlier date.
Nuku, who will turn 30 next Wednesday, March 8, has pleaded guilty to a single charge of owner not disclose identity of driver or passenger.
The court was told how a police radio call-out was made on May 21 about 6.45pm over a Ford Falcon, with a possibly "drug-affected driver" at the wheel.
It had been seen swerving "all over" Waugh Road.
Just after 7pm the car was seen parked in a Waugh Road driveway, with a person standing either side of the ute, which was registered in Nuku's name.
Checks revealed Nuku was bailed to an address in Beechworth and was banned from entering Albury.
Minutes later, the ute was slowly driven past police then took off, at one point accelerating heavily into oncoming traffic.
Police stopped the pursuit when the ute reached speeds of up to 100km/h in what was a 60km/h zone.
When interviewed on August 24, Nuku denied he was the driver and claimed the ute had been stolen - though no report was made to police.
Nuku will be sentenced, via a video link to Junee jail, on March 22.
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