R v David Hanna [2014] NSWDC 234

District Court New South Wales

Medium Neutral Citation: R v David Hanna [2014] NSWDC 234 Hearing dates: 17 September - 1 October 2014, 14 November 2014 Decision date: 12 December 2014 Before: Mahony SC DCJ Decision: Full time custodial sentence. For Orders see [61] Catchwords: Assault and steal motor vehicle in company; robbery with corporal violence; Joint criminal enterprise. Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Crimes (Sentencing Procedure) Act 1998 Cases Cited: Cahadi v R (2007) 168 AcrimR 41 Pearce v The Queen (1998) 194 CLR 610 R v Black [2001] NSWCCA 41 Sheather v R [2009] NSWCCA 173 Veen v R No. 2 (1998) Vol 164 CLR 465 Category: Sentence Parties: Director of Public Prosecutions (Crown) David Hanna (Offender) Representation: D Robinson (Crown) D Hawkins (Offender Hanna) File Number(s): 13/190914 Publication restriction: Nil

REMARKS ON SENTENCE 1On 1 October 2014 the offender was found guilty of two counts on the Indictment. They were: (1)Count 1 - On 21 June 2013 at Prospect in the State of New South Wales, whilst in the company of each other, assaulted Jeremy Henley with intent to take a motor vehicle, namely a Holden Commodore, registration AFB 23V, without the consent of the person in lawful possession of the motor vehicle, namely, Jeremy Henley, and then took and drove the said motor vehicle. The charge was brought pursuant to s 154C(2) of the Crimes Act 1900 and has a maximum sentence of 14 years imprisonment and a standard non-parole period of 5 years. (2)Count 3 - On 21 June 2013 at Prospect in the State of New South Wales, robbed Jeremy Henley of his property, namely, a sum of cash and key card, and immediately before the robbery used corporal violence upon Jeremy Henley. The charge was brought pursuant to s 95(1) of the Crimes Act 1900 and has a maximum penalty of 20 years imprisonment. 2The trial, which commenced on 17 September 2014, was a joint trial with identical charges being tried against the co-accused, John Camilleri. 3The sentence hearing took place on 14 November 2014.