R v Hoyn [2020] NSWDC 834

District Court New South Wales

Medium Neutral Citation: R v Hoyn [2020] NSWDC 834 Hearing dates: 2 October 2020 Decision date: 02 October 2020 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Sentence Misconduct by a holder of public office; Counts 3 & 4: Community Corrections Order. For orders see [43] Counts 5 & 6: Full time custodial order to be served by way of an intensive correctional order. For orders see [44] Catchwords: CRIME – Misconduct by a holder of public office - serving police officer SENTENCING - Relevant factors on sentence – conviction after trial - common law offence- jury found crimes deserving of criminal punishment – fact finding- reckless behaviour by serving police officer- four counts - factors relating to objective seriousness– penalty at large - corresponding statutory offence considered – other cases considered- work induced Post Traumatic Stress Disorder – media reports of offending not unfair and not extra curial punishment Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Police Act 1900 Cases Cited: Blackstock v R [2013] NSWCCA 172 DPP v Del la Rosa [2010] NSWCCA 194 Hughes v R [2014] NSWCC 15 Jansen v R [2013] NSWCCA 301 Jaturawong v R [2011] NSWCCA 168 Obeid v R [2015] NSWCCA 309 Olbrich v The Queen (1999) 99 CLR 270 R v Farrell (unreported) District Court of NSW, 13 February 2013 R v Hokin, Burton & Peisely (1922) 22 SR (NSW) 280 R v Obeid (No 12) [2016] NSWSC 1815 R v Obeid (No 2) [2015] NSWSC 1380 R v Purcell [2010] NSWDC 98 R v Verdins (2007)16 VR 269; [2007] VSCA 102 The Queen v Pham [2015] HCA 39; (2015) 256 CLR 550 Category: Sentence Parties: Dennis Hoyn (the offender) Director of Public Prosecutions Representation: Counsel: Mr N Moir (for the offender) Ms J Hopper (for Director of Public Prosecutions)