R v Jonathon Hancocks [2020] NSWDC 601

District Court New South Wales

Medium Neutral Citation: R v Jonathon Hancocks [2020] NSWDC 601 Hearing dates: 2 July 2020 Date of orders: 2 July 2020 Decision date: 02 July 2020 Jurisdiction: Criminal Before: Priestley SC, DCJ Decision: See [16] Catchwords: CRIME — Violent offences — Reckless wounding CRIME — Public order offences — Affray Legislation Cited: Crimes Act 1900 NSW Crimes (Sentencing Procedure) Act 1999 NSW Cases Cited: Muldrock v The Queen [2011] HCA 39 KR v R [2012] NSWCCA 32 Field v R [2020] NSWCCA 105 Bugmy v The Queen [2013] HCA 37 Texts Cited: Nil Category: Sentence Parties: Regina (Crown) Hancocks (Accused) Representation: Webb Solicitor for the Director of Public Prosecutions James Solicitor for the Accused. File Number(s): 2019/00223177 Publication restriction: Unrestricted

Contents Judgment Introduction Form 1 procedure Standard non-parole period The facts Objective seriousness Section 21A. Subjective case Psychologists report and Sentencing Assessment Report Criminal record Covid 19 Parity Special circumstances Sentencing considerations Orders

Judgment

Introduction 1. Jonathon Hancocks, the offender, appears for sentence on one count of reckless wounding in company under s35(3) of the Crimes Act. The maximum penalty is 10 years imprisonment and there is a standard non-parole period of 4 years. Additionally there is an offence to be dealt with under the Form 1 procedure. That is an offence of affray under section 93C(1) of the Crimes Act which has a maximum sentence of 10 years. 2. The offender was born on 7 February 2000 and so is presently 20 years old. The date of the offending is 1 January 2019 so that the offender was 18 years old at the time of the offending. The offender was arrested for this matter on 18 July 2019, at which time he was in custody after being arrested on 14 January 2019 for breaching appeal bail. He has been in custody solely in relation to this matter since 31 October 2019.