SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Hancock (No 3) |
Citation: | [2022] ACTSC 232 |
Hearing Date: | 19 August 2022 |
DecisionDate: | 22 August 2022 |
Before: | Refshauge AJ |
Decision: | 1. The proceedings be adjourned until 2:30pm on 2 September 2022 for mention. 2. That Daniel Thomas Hancock be granted bail until 2:30pm on 2 September 2022 on the following conditions: a. That he travel directly to 53 Gardiner Street, Downer ACT, offered to him by the Justice Housing Program today, 22 August 2022; b. That he use his best endeavours to have himself assessed for and accepted into the residential drug rehabilitation program at Mandala House, conducted by WHOS, Goulbourn, NSW, or any other residential drug rehabilitation program for which he is recommended; c. That he be at his place of residence between 8:00pm each day and 8:00am on the next day, except in the case of an emergency, and present himself to the front door of that residence when requested between those hours by any member of ACT Community Policing; d. That he submit to the supervision of the Commissioner of ACT Corrective Services or his delegate and obey all reasonable directions of the person supervising him, including as to alcohol or drug testing; e. That he report to the Canberra City Police Station each Monday, Wednesday and Saturday between the hours of 10:00am and 4:00pm; f. That he not consume alcohol, cannabis or any illegal drug. |
Catchwords: | CRIMINAL LAW – Bail – Drug and Alcohol Treatment Order Cancelled – Bail Application – Opportunity for Further Rehabilitation – Bail Granted – Sentencing Deferred |
Legislation Cited: | Bail Act 1992 (ACT) s 49 Crimes (Sentencing) Act 2005 (ACT) ss 12A, 27 |
Cases Cited: | Channon v The Queen (1978) 33 FLR 433 Clarke II v Director of Public Prosecutions (Cth) [2012] ACTCA 7 Hogan v Hinch [2011] HCA 4; 243 CLR 506 R v Hancock (No 2) [2022] ACTSC 193 |
Parties: | The Queen ( Crown) Daniel Thomas Hancock ( Offender) |
Representation: | Counsel K Stitt (19 August 2022); S Whitfield (22 August 2022) ( Crown) C Duffy ( Offender) |
| Solicitors ACT Director of Public Prosecutions ( Crown) Legal Aid ACT ( Offender) | |
File Numbers: | SCC 5 of 2021 SCC 6 of 2021 |
REFSHAUGE AJ:
Introduction
Daniel Thomas Hancock was sentenced on 16 March 2021 to four years imprisonment for offences of possessing a prohibited weapon, namely two knives; possessing another prohibited weapon, a taser; burglary; five offences of theft and an offence of driving whilst disqualified. A Drug and Alcohol Treatment Order (Treatment Order) was made under s 12A of the Crimes (Sentencing) Act 2005 (ACT) (Sentencing Act) under which he was to serve the sentence, with treatment and supervision for two years. See R v Hancock [2021] ACTSC…
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- AGLC
- R v Hancock (No 3) [2022] ACTSC 232
- Case
- [2022] ACTSC 232
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the cancellation of Hancock's drug and alcohol treatment order was sufficient grounds to deny his bail application. The court needed to weigh the potential risk Hancock posed to the community against his prospects for rehabilitation. The judge considered Hancock's expressed commitment to rehabilitation and the availability of alternative rehabilitation programs.
The court found that despite the cancellation of Hancock's treatment order, there was sufficient evidence to suggest that he had a genuine opportunity for further rehabilitation. The court was satisfied that Hancock was committed to seeking treatment and that there were programs available to him which could facilitate his rehabilitation. Consequently, the court granted bail with specific conditions designed to support Hancock's rehabilitation efforts while also safeguarding the community. The court also deferred sentencing to allow Hancock the opportunity to engage in the recommended rehabilitation programs.
The final orders of the court included the adjournment of the proceedings and the granting of bail to Hancock under strict conditions. These conditions required Hancock to reside at a specified address, seek and participate in a residential drug rehabilitation program, adhere to a curfew, submit to supervision by the Commissioner of ACT Corrective Services, report to the police station on specified days, and abstain from consuming alcohol and illegal drugs.
Orders
Orders of the court
1. The proceedings be adjourned until 2:30pm on 2 September 2022 for mention.
2. That Daniel Thomas Hancock be granted bail until 2:30pm on 2 September 2022 on the following conditions:
a. That he travel directly to 53 Gardiner Street, Downer ACT, offered to him by the Justice Housing Program today, 22 August 2022;
b. That he use his best endeavours to have himself assessed for and accepted into the residential drug rehabilitation program at Mandala House, conducted by WHOS, Goulbourn, NSW, or any other residential drug rehabilitation program for which he is recommended;
c. That he be at his place of residence between 8:00pm each day and 8:00am on the next day, except in the case of an emergency, and present himself to the front door of that residence when requested between those hours by any member of ACT Community Policing;
d. That he submit to the supervision of the Commissioner of ACT Corrective Services or his delegate and obey all reasonable directions of the person supervising him, including as to alcohol or drug testing;
e. That he report to the Canberra City Police Station each Monday, Wednesday and Saturday between the hours of 10:00am and 4:00pm;
f. That he not consume alcohol, cannabis or any illegal drug.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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