Regina v Phillip John Hancock [2001] NSWCCA 339

Regina v Phillip John Hancock [2001] NSWCCA 339

The sentences imposed for the offences, particularly the head sentence and non-parole period, were not outside the permissible range, no appealable error was demonstrated, and leave to appeal against sentence was granted but the appeal was dismissed.

Parties
Respondent: Regina; Applicant: Phillip John Hancock
Jurisdiction
Australia
Judgment Date
17 August 2001
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Appellate Judgment
Outcome
Leave to appeal against sentence granted; appeal dismissed
Legal Topics
Sentencing, Appeals Against Sentence, Break, Enter and Steal, Assaulting Police Officer
Criminal Law Sentencing Appeals Against Sentence Break, Enter and Steal Assaulting Police Officer

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Regina

Respondent

Phillip John Hancock

Applicant

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence; Appellate Judgment

Legal Issues

  1. 1 Whether the District Court sentencing was in error for severity
  2. 2 Whether offences should have been dealt with in the Local Court rather than District Court
  3. 3 Whether sentence should have been longer than previous sentence for similar offences

Ratio Decidendi

The sentences imposed for the offences, particularly the head sentence and non-parole period, were not outside the permissible range, no appealable error was demonstrated, and leave to appeal against sentence was granted but the appeal was dismissed.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed

Orders

  • Grant leave to appeal against sentence
  • Dismiss appeal against sentence