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

1. On 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.

1. The trial, which commenced on 17 September 2014, was a joint trial with identical charges being tried against the co-accused, John Camilleri.

1. The sentence hearing took place on 14 November 2014.

Circumstances of the Offending

1. Based on the evidence at trial, I make the following findings of fact. The evidence comprised the Crown case against the offender and co-offender, neither of whom gave evidence. Evidence was called on behalf of the offender.

1. The co-offender had agreed with Jeremy Henley on 17 June 2013 that Mr Henley would drive him, the co-offender having lost his licence. The agreement was put into effect on several days during that week.

1. On Friday 21 June 2013 at approximately 8.20pm Mr Henley picked up the co-offender and his girlfriend, Ashley Cross, at the Hungry Jacks outlet on Great Western Highway at Prospect. After purchasing some food, they drove to Myrtle Street Prospect and parked outside 134 Myrtle Street. The offender, David Hanna, lived at 132 Myrtle Street. The co-offender alighted from the car and went into those premises. Mr Henley was waiting in the car, together with Ms…