R v Hanslow [2002] NSWCCA 161

New South Wales Court of Criminal Appeal

CITATION : R v Hanslow [2002] NSWCCA 161 FILE NUMBER(S) : CCA 60738/01 HEARING DATE(S) : 07/05/02 JUDGMENT DATE : 7 May 2002

PARTIES : Regina (Resp) James Anthony Hanslow (App) JUDGMENT OF : Kirby J at 1; Smart AJ at 33

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/21/1030 LOWER COURT JUDICIAL Gibson DCJ OFFICER :

COUNSEL : P G Ingram (Crown/Resp) P M Winch (App) SOLICITORS : S E O'Connor (Crown/Resp) D J Humphreys (App) CATCHWORDS : Criminal Practice & Procedure - Application for extension of time - Appeal against severity of sentence - Periodic detention - Revocation of order - Sentence excessive Crimes Act 1900 Periodic Detention of Prisoners Act 1981 LEGISLATION CITED : Crimes Legislation Amendment (Sentencing) Act 1999 Crimes (Sentencing Procedure) Act 1999 Crimes (Administration of Sentences) Act 1999 Sentencing Act 1989 R v Bang (unreported, CCA, 1.9.92) CASES CITED: R v Sadebath (unreported, CCA, 14.5.92) R v Wegener [1999] NSWCCA 405 DECISION : Ref para 32

in THE COURT OF CRIMINAL APPEAL 60738/01

KIRBY J SMART AJ

Tuesday 7 May 2002 REGINA v James Anthony HANSLOW Judgment 1 KIRBY J: James Anthony Hanslow (the applicant) seeks leave to appeal against the severity of a sentence imposed by Gibson DCJ on 28 May 1999. He also seeks an extension of time to prosecute this appeal. 2 Mr Hanslow stood trial before Gibson DCJ and a jury on two counts, as follows: · First, a charge under s 61B of the Crimes Act 1900 (the Act) that, in late 1989, he assaulted a girl under the age of 10 years, with intent to have sexual intercourse. · Secondly, a charge under s 61E(1) of the Act that, in late 1989, on the same day, he committed an act of indecency upon the same young girl. 3 Mr Hanslow pleaded not guilty. However, after a short trial in April 1999, he was found guilty on both counts. In respect of the first and more serious count, Mr Hanslow was sentenced to a fixed term of imprisonment of two and a half years, such term to be served by way of Periodic Detention commencing on 11 June 1999. On the second count, that of indecent assault, his Honour imposed a fixed term of imprisonment of nine months, also to be served by way of periodic detention, commencing on the same date, that is, 11 June 1999 (Periodic Detention of Prisoners Act 1981) (since repealed). 4 Mr Hanslow's history since that sentence was imposed has been complicated. On 12 July 2001, the Parole Board revoked the order for periodic detention. Mr Hanslow is now in full time custody. 5 Before describing the circumstances which led the Parole Board to revoke that order, I should describe the offences themselves.