R v Hancock (No 4)

Case [2023] ACTSC 254


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Hancock (No 4)

Citation: 

[2023] ACTSC 254

Hearing Date: 

1 February 2023

Decision Date: 

6 February 2023

Before:

Refshauge AJ

Decision: 

1.     The cancellation on 24 May 2022 of the Drug and Alcohol Treatment Order made on 16 March 2021 and amended on 4 June 2021, 11 January 2022 and 28 January 2022 be confirmed.

2.     Each of the convictions entered on 16 March 2021 be confirmed.

3.     Daniel Thomas Hancock be convicted of possess/use prohibited weapon (knives) (CAN 12329/2019) and be sentenced to 1 month imprisonment, to commence on 11 November 2020 and end on 10 December 2020.

4.     Daniel Thomas Hancock be convicted of possess/use prohibited weapon (taser) (CAN 12330/2019) and be sentenced to 2 months imprisonment, to commence on 11 November 2020 and end on 10 January 2021.

5.     Daniel Thomas Hancock be sentenced for burglary (CAN 1583/2020) to 27 months imprisonment to commence on 11 January 2021 and end on 10 April 2023.

6.     Daniel Thomas Hancock be sentenced for theft (Dhannani) (CAN 1584/2020) to 10 months imprisonment to commence on 11 September 2022 and end on 10 July 2023.

7.     Daniel Thomas Hancock be sentenced for theft (Goulding) (CAN 1585/2020) to 10 months imprisonment to commence on 11 December 2022 and end on 10 October 2023.

8.     Daniel Thomas Hancock be sentenced for theft (Moebus) (CAN 1588/2020) to 15 months imprisonment to commence on 11 January 2023 and end on 10 April 2023.

9.     Daniel Thomas Hancock be sentenced for theft (Hewitt) (CAN 1589/2020) to 20 months imprisonment to commence on 11 August 2023 and end on 10 June 2023.

10.  Daniel Thomas Hancock be sentenced for theft (Suthern) (CAN 1593/2020) to 12 months imprisonment to commence on 11 October 2023 and end on 10 October 2024.

11.  Daniel Thomas Hancock be sentenced for drive while disqualified (CAN 13133/2019) to 2 months imprisonment to commence on 11 September 2024 and end on 10 November 2024.

12.  The total sentence of 4 years be hereby suspended from today, 6 February 2023, until 10 November 2024.

13. Daniel Thomas Hancock be required to sign an undertaking to comply with the offender’s good behaviour obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) from today, 6 February 2023, until 10 November 2023, with the following conditions:

(a)    A probation condition that he accept supervision of the Commissioner of ACT Corrective Services or his delegate and obey all reasonable directions of the person delegated to supervise him for that period, or for such lesser period as the person supervising him deems appropriate, and to obey all reasonable directions of that person; and

(b)    That he not consume cannabis, illegal drugs, or any prescription drugs not prescribed for him by a registered medical practitioner.

14.  Daniel Thomas Hancock be directed to attend the Court Registry before he leaves the Court precincts to sign an undertaking to comply with the offender’s good behaviour obligations under the Crimes…

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R v Hancock (No 4) [2023] ACTSC 254
Case
[2023] ACTSC 254
Decision Date

CaseChat Overview and Summary

The respondent, Daniel Thomas Hancock, faced the court for various criminal offences, including possession and use of prohibited weapons, theft, and driving while disqualified. The court had to confirm previous convictions and sentences and resentence Hancock for several offences. The appeal was against the sentence handed down by the ACT Magistrates Court, which had sentenced Hancock to a total of four years' imprisonment, suspended over a period of five years. Hancock's legal team argued that the sentence was excessive and that the court had not adequately considered Hancock's rehabilitation efforts and the impact of the COVID-19 pandemic on his mental health.

The court considered whether the sentence was manifestly excessive and whether it had failed to take into account relevant factors, such as Hancock's rehabilitation efforts and the impact of the pandemic. The court held that the sentence was not manifestly excessive and that the primary judge had adequately considered the relevant factors. The court also found that the breaches of the Drug and Alcohol Treatment Order did not warrant a significant increase in the sentence. Instead, the court imposed a Good Behaviour Order and a suspended sentence, taking into account Hancock's rehabilitation efforts and the impact of the pandemic.

In conclusion, the court confirmed the cancellation of the Drug and Alcohol Treatment Order and each of the convictions entered on 16 March 2021. The court convicted Hancock of possessing and using a prohibited weapon and sentenced him to imprisonment for various offences. The total sentence of 4 years was suspended from 6 February 2023 until 10 November 2024. Hancock was also required to sign an undertaking to comply with the offender’s good behaviour obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) and attend the Court Registry to sign an undertaking to comply with the offender’s good behaviour obligations.

Orders

Orders of the court

1. The cancellation on 24 May 2022 of the Drug and Alcohol Treatment Order made on 16 March 2021 and amended on 4 June 2021, 11 January 2022 and 28 January 2022 be confirmed.

2. Each of the convictions entered on 16 March 2021 be confirmed.

3. Daniel Thomas Hancock be convicted of possess/use prohibited weapon (knives) (CAN 12329/2019) and be sentenced to 1 month imprisonment, to commence on 11 November 2020 and end on 10 December 2020.

4. Daniel Thomas Hancock be convicted of possess/use prohibited weapon (taser) (CAN 12330/2019) and be sentenced to 2 months imprisonment, to commence on 11 November 2020 and end on 10 January 2021.

5. Daniel Thomas Hancock be sentenced for burglary (CAN 1583/2020) to 27 months imprisonment to commence on 11 January 2021 and end on 10 April 2023.

6. Daniel Thomas Hancock be sentenced for theft (Dhannani) (CAN 1584/2020) to 10 months imprisonment to commence on 11 September 2022 and end on 10 July 2023.

7. Daniel Thomas Hancock be sentenced for theft (Goulding) (CAN 1585/2020) to 10 months imprisonment to commence on 11 December 2022 and end on 10 October 2023.

8. Daniel Thomas Hancock be sentenced for theft (Moebus) (CAN 1588/2020) to 15 months imprisonment to commence on 11 January 2023 and end on 10 April 2023.

9. Daniel Thomas Hancock be sentenced for theft (Hewitt) (CAN 1589/2020) to 20 months imprisonment to commence on 11 August 2023 and end on 10 June 2023.

10. Daniel Thomas Hancock be sentenced for theft (Suthern) (CAN 1593/2020) to 12 months imprisonment to commence on 11 October 2023 and end on 10 October 2024.

11. Daniel Thomas Hancock be sentenced for drive while disqualified (CAN 13133/2019) to 2 months imprisonment to commence on 11 September 2024 and end on 10 November 2024.

12. The total sentence of 4 years be hereby suspended from today, 6 February 2023, until 10 November 2024.

13. Daniel Thomas Hancock be required to sign an undertaking to comply with the offender’s good behaviour obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) from today, 6 February 2023, until 10 November 2023, with the following conditions:

(a) A probation condition that he accept supervision of the Commissioner of ACT Corrective Services or his delegate and obey all reasonable directions of the person delegated to supervise him for that period, or for such lesser period as the person supervising him deems appropriate, and to obey all reasonable directions of that person; and

(b) That he not consume cannabis, illegal drugs, or any prescription drugs not prescribed for him by a registered medical practitioner.

14. Daniel Thomas Hancock be directed to attend the Court Registry before he leaves the Court precincts to sign an undertaking to comply with the offender’s good behaviour obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for the period from 6 February 2023 to 10 November 2024.

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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