Hancock v R [2012] NSWCCA 200

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hancock v R [2012] NSWCCA 200 Hearing dates: 7 August 2012 Decision date: 14 September 2012 Before: McClellan CJ at CL at [1] RA Hulme J at [2] Schmidt J at [3] Decision: Leave to appeal be granted but the appeal dismissed. Catchwords: CRIMINAL LAW - appeal - appeal against sentence - whether he sentencing process was miscarried - Federal offences and State offences - whether sentences imposed were unusually harsh and severe - whether sentencing judge erred in commencing his sentencing exercise at an excessive level - whether sentencing judge erred in failing to make sufficient allowance for assistance - whether sentencing judge erred in failing to maintain parity - whether sentencing judge erred in failing to take delay into account - whether sentencing judge erred in failing to observe the principle of totality - whether the sentencing judge erred in failing to find special circumstances with respect to the whole sentence Legislation Cited: Crimes Act 1900 Crimes Act 1914 (Cth) Criminal Code Act 1995 Crimes (Sentencing Procedure) Act 1999 Drugs Misuse and Trafficking Act 1985 Cases Cited: Caristo v R [2011] NSWCCA 7 Danial v R [2008] NSWCCA 15 Dinsdale v The Queen [2000] HCA 54; (2000) 202 CLR 321 Green v R [2011] HCA 49; (2011) 244 CLR 462 Johnson v R [2004] HCA 15; (2004) 205 ALR 346 Pearce v The Queen [1998] HCA 57; (1998) 194 CLR 610 Power v The Queen [1974] HCA 26; 131 CLR 623 R v Ma [2004] NSWCCA 92; (2004) 145 A Crim R 434 R v MAK; R v MSK (2006) [2006] NSWCCA 381; (2006)167 A Crim R 159 R v Suares-Mejia [2002] WASCA 187; (2002) 131 A Crim R 577 R v Sukkar [2006] NSWCCA 92; (2006) 172 A Crim R 151 R v TAE [2005] NSWCCA 29 R v Welden [2002] NSWCCA 475; (2002) 136 A Crim R 55 Category: Principal judgment Parties: Tony (aka Phillip) Hancock (Applicant) Regina (Respondent) Representation: Counsel: Mr MC Ramage QC (Applicant) Mr CP O'Donnell (Respondent) Solicitors: LN Legal (Applicant) Commonwealth Director of Public Prosecutions (Respondent) File Number(s): 2009/46635 Decision under appeal Date of Decision: 2011-09-01 00:00:00 Before: Solomon DCJ File Number(s): 2009/46635