R v Hanly [2020] NSWDC 324

R v Hanly [2020] NSWDC 324

Given the low objective seriousness, minor role of the offender, evidence of remorse, family support, prospects for rehabilitation, and the principle that short periods of imprisonment under two years are often not effective, a two-year term of imprisonment is warranted but should be served by way of an Intensive Correction Order rather than full-time custody; related driving offence warrants a conviction, fine, and short disqualification, but not imprisonment.

Parties
Prosecution: Regina (Crown); Offender: Hanly
Jurisdiction
Australia
Judgment Date
19 June 2020
Procedural Posture
Sentence / Sentencing Judgment After Guilty Plea
Outcome
Offender convicted; sentenced to two years imprisonment by way of Intensive Correction Order; fined and disqualified for driving while disqualified.
Legal Topics
Robbery in Company, Sentencing, Intensive Correction Order, Drive While Disqualified, Use of Form 1 Procedure
Criminal Law Robbery in Company Sentencing Intensive Correction Order Drive While Disqualified Use of Form 1 Procedure

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Parties

Regina (Crown)

Prosecution

Hanly

Offender

Procedural Posture

Sentence / Sentencing Judgment After Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for robbery in company under s 97(1) Crimes Act 1900 (NSW) with low objective seriousness and minimal involvement
  2. 2 Relevance and impact of related summary offence and Form 1 matters on principal sentence
  3. 3 Whether Intensive Correction Order is appropriate given offender's youth, criminal history, and prospects for rehabilitation

Ratio Decidendi

Given the low objective seriousness, minor role of the offender, evidence of remorse, family support, prospects for rehabilitation, and the principle that short periods of imprisonment under two years are often not effective, a two-year term of imprisonment is warranted but should be served by way of an Intensive Correction Order rather than full-time custody; related driving offence warrants a conviction, fine, and short disqualification, but not imprisonment.

Court Disposition

Offender convicted; sentenced to two years imprisonment by way of Intensive Correction Order; fined and disqualified for driving while disqualified.

Orders

  • Offender convicted of robbery in company (s 97(1)); sentenced to two years imprisonment by way of ICO from 19 June 2020 to 18 June 2022; ICO conditions: not commit offences, submit to supervision, no illicit or unprescribed drugs, comply with treatment.
  • Offender convicted of drive whilst disqualified; fined 2 penalty units; licence disqualified for 3 months from 8 November 2021 to 7 February 2022.