R v David Hanna [2014] NSWDC 234

R v David Hanna [2014] NSWDC 234

A full time custodial sentence was required because the offender participated in serious violent offending as part of a joint criminal enterprise, with greater culpability than the co-offender because of his involvement in inflicting violence. Count 1 was serious and just below the mid-range of objective seriousness; Count 3 was in the lower range. The offender's lengthy criminal history, offending while on bail, and the degree of planning were aggravating. Extra-curial hardship and special circumstances were not made out, but protective custody and a 25% discount for past and future assistance to authorities were taken into account. Applying totality, parity, proportionality and...

Jurisdiction
Australia
Judgment Date
12 December 2014
Procedural Posture
Criminal Sentence / Sentence After Jury Verdict of Guilty
Outcome
Offender convicted and sentenced to full time imprisonment with parole eligibility on 31 December 2016.
Legal Topics
['assault With Intent to Take Motor Vehicle in Company' 'robbery With Corporal Violence' 'joint Criminal Enterprise' 'totality' 'assistance to Authorities' 'protective Custody']
['criminal Law' 'sentencing'] ['assault With Intent to Take Motor Vehicle in Company' 'robbery With Corporal Violence' 'joint Criminal Enterprise' 'totality' 'assistance to Authorities' 'protective Custody']

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Procedural Posture

Criminal Sentence / Sentence After Jury Verdict of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for an offence under s 154C(2) of the Crimes Act 1900 involving assault with intent to take and drive a motor vehicle in company.' 'What sentence should be imposed for an offence under s 95(1) of the Crimes Act 1900 involving robbery with corporal violence.' 'Whether the offender and co-offender were engaged in a joint criminal enterprise and how that affected culpability.' 'Whether sentences should be concurrent or accumulated having regard to totality and avoidance of double punishment.' 'Whether aggravating features included offending while on bail and planning.' 'Whether the offender was entitled to discounts for past and future assistance to investigating authorities.' 'Whether special circumstances or extra-curial hardship were established.']

Ratio Decidendi

A full time custodial sentence was required because the offender participated in serious violent offending as part of a joint criminal enterprise, with greater culpability than the co-offender because of his involvement in inflicting violence. Count 1 was serious and just below the mid-range of objective seriousness; Count 3 was in the lower range. The offender's lengthy criminal history, offending while on bail, and the degree of planning were aggravating. Extra-curial hardship and special circumstances were not made out, but protective custody and a 25% discount for past and future assistance to authorities were taken into account. Applying totality, parity, proportionality and...

Court Disposition

Offender convicted and sentenced to full time imprisonment with parole eligibility on 31 December 2016.

Orders

  • ['The offender is convicted of Count 1: on 21 June 2013 at Prospect in the State of New South Wales, whilst in the company of each other, assaulted Jeremy Henley with intent to take a Holden Commodore registration AFB 23V without consent and then took and drove the motor vehicle.' 'For Count 1, the offender is...