Police v Hanshaw [2006] NSWLC 53

Local Court of New South Wales

CITATION: Police v Hanshaw [2006] NSWLC 53 JURISDICTION: Criminal PARTIES: Police Stephen Ross Hanshaw FILE NUMBER: PLACE OF HEARING: Inverell Local Court DATE OF DECISION: 05/26/2006 MAGISTRATE: Magistrate G Lerve CATCHWORDS: Sentence - Intimidate Police - Guideline Judgment - suspended sentence - nature of suspended sentence LEGISLATION CITED: Crimes Act 1900 Attorney General's Application under s. 37 Crimes (Sentencing Procedure) Act 1999 (Guidline Judgment on Assault Police (2002) 137 A Crim R 196. Dinsdale v The Queen 74 ALJR 1538 R v Doan (2000) 50 NSWLR 115 CASES CITED: R v Schofield (2002) 138 A Crim R 19 R v Taouk (1992) 65 A Crim R 387 R v Tolley [2004] NSWCCA 165 R v Zamagias [2002] NSWCCA 17 REPRESENTATION: Sgt. Quinn, Police Prosecutor Mr. S. Collins, Solicitor, for and with the accused ORDERS:

REMARKS ON SENTENCE

1. By way of Court Attendance Notice, the offender Stephen Ross Hanshaw is charged for that he: "On 10 September 2005 at Inverell in the State of New South Wales did attempt to intimidate Constable Monckton, a police office while the said officer was executing his duty".

2. The matter was first before the Court on 27 October 2005 on which date the usual brief service orders were made. The matter was again before the Court on 1 December 2005 on which date a plea of not guilty was confirmed. It is not completely clear from the handwritten record (and this is all I have available) but it seems that the offender entered a plea of guilty to that charge on 13 January 2006. The matter was then adjourned for sentence and a full Pre Sentence Report was requested. The matter came initially before me on 18 May 2006 on which date another unrelated matter was also before the Court. Because of illness by the offender both matters were adjourned to 19 May 2006. The other unrelated matter was a charge of larceny (shop lifting) of which the offender was convicted after a defended hearing. He was placed on a supervised Bond pursuant to s. 9 of the Crimes (Sentencing Procedure) Act 1999 in respect of that matter.