Police v Hanshaw [2006] NSWLC 53

Police v Hanshaw [2006] NSWLC 53

The offender's conduct in attempting to intimidate a police officer was serious, required denunciation and made imprisonment the only appropriate sentence, but the sentence could be wholly suspended because of the offender's medical issues, need for supervision, rehabilitation prospects through counselling for impulse control and conflict resolution, and other subjective circumstances.

Jurisdiction
Australia
Judgment Date
26 May 2006
Procedural Posture
Criminal / Sentence Following Plea of Guilty
Outcome
The offender was convicted of attempting to intimidate police and sentenced to 20 months imprisonment, wholly suspended on entering a supervised bond pursuant to s. 12 of the Crimes (Sentencing Procedure) Act 1999 for 20 months.
Legal Topics
['attempt to Intimidate Police' 'assault or Intimidation of Police' 'guideline Judgment' 'suspended Sentence' 'general Deterrence' 'plea of Guilty Discount']
['criminal Law' 'sentencing'] ['attempt to Intimidate Police' 'assault or Intimidation of Police' 'guideline Judgment' 'suspended Sentence' 'general Deterrence' 'plea of Guilty Discount']

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Procedural Posture

Criminal / Sentence Following Plea of Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's attempt to intimidate a police officer executing his duty." 'Whether the offence required full time custody or whether a sentence of imprisonment could be wholly suspended.' "What discount should be allowed for the offender's plea of guilty." 'How the objective seriousness of an attempt offence should be assessed.']

Ratio Decidendi

The offender's conduct in attempting to intimidate a police officer was serious, required denunciation and made imprisonment the only appropriate sentence, but the sentence could be wholly suspended because of the offender's medical issues, need for supervision, rehabilitation prospects through counselling for impulse control and conflict resolution, and other subjective circumstances.

Court Disposition

The offender was convicted of attempting to intimidate police and sentenced to 20 months imprisonment, wholly suspended on entering a supervised bond pursuant to s. 12 of the Crimes (Sentencing Procedure) Act 1999 for 20 months.

Orders

  • ['In respect of the charge of Attempt to Intimidate Police, the offender is convicted.' 'Consequent upon that conviction the offender is sentenced to a non-parole period of 12 months.' 'He is sentenced to a balance of term of 8 months, making a total sentence of 20 months.' 'That sentence is wholly suspended upon...