R v Hanly [2022] NSWDC 447

District Court New South Wales

Medium Neutral Citation: R v Hanly [2022] NSWDC 447 Hearing dates: 18/5/22-27/5/22, 15/7/22, 19/8/22 Date of orders: 19/8/22 Decision date: 19 August 2022 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to a Community Corrections Order for 3 years. The following conditions are to apply: 1. Not to commit any offence. 2. Must appear before the Court if called upon to do so. 3. Accept the supervision of Community Corrections. 4. Undertake any counselling or treatment as directed by Community Corrections. 5. Undertake 350 hours community service. Catchwords: Crime – Sentence - Indecent assault of a child under the age of 16 years. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: BB v R [2021] NSWCCA 283 Jonson v R [2016] NSWCCA 286 R v Edwards [1996] 90 A Crim R 510 R v KNL [2005] NSWCCA 260 R v PGM [2008] NSWCCA 172 R v Shortland [2018] NSWCCA 34 Category: Sentence Parties: NSW DPP – Crown Philip Hanly - Offender Representation: Mr D Noll for Crown Mr M Hobart SC and Mr D Cohen for Offender File Number(s): 202/40690 Publication restriction: STATUTORY NON-PUBLICATION ORDER RE IDENTITY OF COMPLAINANT. NAMES OF CHILDREN ANONYMISED.

Judgment 1. The offender Mr Philip Hanly stood trial before a jury earlier this year on a charge under s 61M(2) of the Crimes Act 1900 being an offence of indecent assault of a child under the age of 16 years. On 27 May 2022 the jury found him guilty of that offence and he is now to be sentenced. 2. The maximum penalty for the offence is ten years' imprisonment and a standard non-parole period of eight years is specified. The maximum penalty and the standard non-parole period are, of course, important guideposts in the sentencing exercise to which I have had regard.