R v Hanly [2020] NSWDC 324

District Court New South Wales

Medium Neutral Citation: R v Hanly [2020] NSWDC 324 Hearing dates: 19 June 2020 Date of orders: 19 June 2020 Decision date: 19 June 2020 Jurisdiction: Criminal Before: Priestley SC, DCJ Decision: See [36 - 38] Catchwords: CRIME — Violent offences — Robbery in company Legislation Cited: Crimes Act 1900 (NSW) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Attorney General's Application under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 per Spigelman CJ R v Henry [1999] NSWCCA 111 R v Fangaloka [2019] NSWCCA 173 Category: Sentence Parties: Regina (Crown) Offender (Hanly) Representation: Counsel: Mr Heffernan, Solicitor advocate, for the Crown; Mr Longhurst Counsel for the offender File Number(s): 2019/0023385 Publication restriction: Unrestricted

Contents Judgment Introduction Charge, maximum sentence Form 1 procedure The facts The form one matter and related offence Objective seriousness Section 21A. Subjective case Offender's material Criminal history and youth Prospects Guilty plea Parity Sentencing considerations Orders

Judgment

Introduction 1. The offender was born on 28 September 1997 and so is now 22 years old. This offending occurred on 22 December 2018 when the offender was 21 years old.

Charge, maximum sentence 1. The offender has pleaded guilty to one charge of robbery in company under section 97 (1) of the Crimes Act. The maximum sentence is 20 years imprisonment. There is no standard non-parole period. In sentencing the offender there is one matter to be taken into account by way of the form 1 procedure being a matter under section 16 (2) of the Law Enforcement (Powers and Responsibilities) Act of being a passenger and failing to disclose the driver's identity. That offence has the maximum penalty of 12 months imprisonment and/or 50 penalty units. There is then a section 166 certificate setting out two related matters one of which appears to be the same as the form 1 matter and the other being drive motor vehicle during disqualification period, first offence which has a penalty of 6 months imprisonment and / or 30 penalty units and an automatic 6 month period of disqualification of licence with a minimum disqualification period of 3 months.