Regina v Phillip John Hancock [2001] NSWCCA 339

New South Wales Court of Criminal Appeal

CITATION : Regina v Phillip John Hancock [2001] NSWCCA 339 FILE NUMBER(S) : CCA 60743/00 HEARING DATE(S) : 17 August 2001 JUDGMENT DATE : 17 August 2001

PARTIES : Regina Phillip John Hancock JUDGMENT OF : Sully J at 1; Smart AJ at 37

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/11/0786 LOWER COURT JUDICIAL Blanch CJ/DC OFFICER :

COUNSEL : G. Smith - Crown H. Dhanji - Appellant SOLICITORS : S. E. O'Connor - Crown Legal Aid Commission - Appellant

LEGISLATION CITED : Crimes Act DECISION : Leave to appeal against sentence granted; appeal dismissed

IN THE COURT OF CRIMINAL APPEAL

60743/00

SULLY J SMART J

Friday 17 August 2001

REGINA v PHILLIP JOHN HANCOCK

JUDGMENT

1 SULLYJ: Mr Phillip Hancock applies for leave to appeal against the asserted severity of sentence of imprisonment passed upon him on 16 November 2000 by the Chief Judge of the District Court sitting in that Court at Sydney.

2 The applicant pleaded guilty before the Chief Judge to three offences. The first was an offence of break, enter and steal, which was committed on 1 May 2000. An offence of that character contravenes s112 sub-s1 of the Crimes Act and it attracts upon conviction a statutory maximum penalty of imprisonment for fourteen years.

3 The second matter involved an offence of assaulting a police officer in the execution of his duties. That, too, occurred on 1 May 2000. An offence of that character contravenes s60 sub-s1 of the Crimes Act and attracts upon conviction, a statutory maximum penalty of imprisonment for five years.

4 The third matter involved also the assaulting of a police officer in the execution of that officer's duty.