R v Jonathon Hancocks [2020] NSWDC 601

R v Jonathon Hancocks [2020] NSWDC 601

The appropriate sentence for Jonathon Hancocks, taking into account the objective seriousness of the reckless wounding in company, his greater individual culpability compared to his co-offender, aggravating and mitigating circumstances, plea of guilty, youth and background, and special circumstances justifying a longer parole period for rehabilitation, is a custodial sentence of three and a half years, with a non-parole period of 18 months and a balance of term of 2 years, dating from 8 September 2019.

Jurisdiction
Australia
Judgment Date
02 July 2020
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to full-time custody with non-parole period and parole period specified.
Legal Topics
['reckless Wounding' 'affray' 'sentencing' 'joint Criminal Enterprise' 'objective Seriousness' 'subjective Case' 'parity' 'special Circumstances']
['criminal Law'] ['reckless Wounding' 'affray' 'sentencing' 'joint Criminal Enterprise' 'objective Seriousness' 'subjective Case' 'parity' 'special Circumstances']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for reckless wounding in company under s35(3) of the Crimes Act' 'Application of Form 1 procedure for additional affray charge' 'Consideration of objective and subjective seriousness in sentencing' 'Determination regarding special circumstances' 'Application of parity principle']

Ratio Decidendi

The appropriate sentence for Jonathon Hancocks, taking into account the objective seriousness of the reckless wounding in company, his greater individual culpability compared to his co-offender, aggravating and mitigating circumstances, plea of guilty, youth and background, and special circumstances justifying a longer parole period for rehabilitation, is a custodial sentence of three and a half years, with a non-parole period of 18 months and a balance of term of 2 years, dating from 8 September 2019.

Court Disposition

Convicted and sentenced to full-time custody with non-parole period and parole period specified.

Orders

  • ['Jonathon Hancocks is convicted for the offence of reckless wounding in company.' 'Sentenced to a non-parole period of 18 months commencing 8 September 2019 and expiring on 7 March 2021, with a balance of term of 2 years expiring on 7 March 2023.' 'The psychology report of Ms Laura Dirkin dated June 2020 is to be...