Hanna v R [2016] NSWDC 292

District Court New South Wales

Medium Neutral Citation: Hanna v R [2016] NSWDC 292 Hearing dates: 19 September 2016 Date of orders: 19 September 2016 Decision date: 19 September 2016 Jurisdiction: Criminal Before: Neilson DCJ Decision: Sentence passed by the Local Court at Waverley on 29 June 2016 in respect of sequence 1 set aside

In lieu thereof, appellant sentenced to imprisonment for four months, commencing on 23 May 2016 and expiring on 22 September 2016

Sentence passed by the Local Court at Waverley on 29 June 2016, in respect of sequence 5 set aside

In lieu thereof, appellant sentenced to imprisonment for 12 months. Non-parole period of four months, commencing on 23 May 2016 and expiring on 22 September 2016. Further period of imprisonment of eight months to expire on 22 May 2017 Catchwords: CRIMINAL LAW – Appeal against severity of sentence – Sentence of 12 months imprisonment with a 7 month non-parole period for 6 offences – (i) possessing implements to drive or enter conveyance; (ii) custody of a knife in a public place (3rd such offence); (iii) 4 offences of possession of unlawfully obtained goods – Appellant's illicit drug use required rehabilitation – After four months in gaol appellant not able to enter any rehabilitation program – Arrangements made for appellant to enter drug rehabilitation in the community as well as an apprenticeship – Sentences varied – Effective head sentence of 12 months imprisonment with a non-parole period of 4 months Category: Principal judgment Parties: Andy Hanna (Appellant) Director of Public Prosecutions(NSW) (Respondent) Representation: Solicitor for Legal Aid (NSW) (Appellant) Solicitor for the Director of Public Prosecutions(NSW) (Respondent) File Number(s): 2016/158509 Publication restriction: No Decision under appeal Court or tribunal: Waverly Local Court Jurisdiction: Criminal Date of Decision: 29 June 2016 Before: Barko LCM File Number(s): 2016/158509