R v Hanly

Case [2022] NSWDC 447


District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v Hanly [2022] NSWDC 447
Hearing dates: 18/5/22-27/5/22, 15/7/22, 19/8/22
Date of orders: 19/8/22
Decision date: 19 August 2022
Jurisdiction:Criminal
Before: Bourke SC DCJ
Decision:

Convicted and sentenced to a Community Corrections Order for 3 years. The following conditions are to apply:

1. Not to commit any offence.

2. Must appear before the Court if called upon to do so.

3. Accept the supervision of Community Corrections.

4. Undertake any counselling or treatment as directed by Community Corrections.

5. Undertake 350 hours community service.

Catchwords:

Crime – Sentence - Indecent assault of a child under the age of 16 years.

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

BB v R [2021] NSWCCA 283

Jonson v R [2016] NSWCCA 286

R v Edwards [1996] 90 A Crim R 510

R v KNL [2005] NSWCCA 260

R v PGM [2008] NSWCCA 172

RvShortland [2018] NSWCCA 34

Category:Sentence
Parties: NSW DPP – Crown
Philip Hanly - Offender
Representation: Mr D Noll for Crown
Mr M Hobart SC and Mr D Cohen for Offender
File Number(s): 202/40690
Publication restriction: STATUTORY NON-PUBLICATION ORDER RE IDENTITY OF COMPLAINANT. NAMES OF CHILDREN ANONYMISED.

Judgment

  1. The offender Mr Philip Hanly stood trial before a jury earlier this year on a charge under s 61M(2) of the Crimes Act 1900 being an offence of indecent assault of a child under the age of 16 years. On 27 May 2022 the jury found him guilty of that offence and he is now to be sentenced.

  2. The maximum penalty for the offence is ten years’ imprisonment and a standard non-parole period of eight years is specified. The maximum penalty and the standard non-parole period are, of course, important guideposts in the sentencing exercise to which I have had regard.

FACTS

  1. It is for me to determine the facts on which the offender is to be sentenced. However, I must do so in a manner which is consistent with the jury’s verdict. Any aggravating matters must be proved beyond reasonable doubt while matters in mitigation need only be proved on the balance of probabilities. I find the following facts:

  2. On 19 August 2018 the victim and her father attended a play day at the home of the offender’s parents-in-law at Malabar. The only persons present were the offender and his five-year-old daughter, and the victim and her father. Where necessary in these remarks to refer to the offender’s then 5 year old daughter, I will call her “Jane” (a pseudonym), which is not her real name. The children generally were playing downstairs while the two adults remained upstairs during which time they drank some beer.

  3. At some stage the offender went downstairs. At that time he was alone with the victim while her father remained upstairs. The victim, who was looking out a window, was approached from behind by the offender who took hold of her hand and placed it against his…

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Details
AGLC
R v Hanly [2022] NSWDC 447
Case
[2022] NSWDC 447
Decision Date

CaseChat Overview and Summary

The defendant, Hanly, was convicted of indecent assault of a child under the age of 16 years. The case was heard in the relevant court, which exercised its sentencing jurisdiction under the applicable criminal statutes. The nature of the offence and the harm caused to the victim necessitated a thorough examination of the appropriate penalty to be imposed.

The primary legal issue before the court was determining an appropriate sentence that would adequately reflect the seriousness of the offence while also considering the defendant's potential for rehabilitation and the impact on the community. The court was required to weigh various factors, including the defendant's criminal history, the nature and circumstances of the offence, and the impact on the victim.

The court found that the offence was serious, but there were mitigating factors present, such as the defendant's lack of a criminal record and his expressed remorse. The court determined that a sentence involving supervision and rehabilitation, rather than imprisonment, would be more appropriate. The court imposed a Community Corrections Order for a period of three years, with several conditions, including undertaking 350 hours of community service and complying with any directed counselling or treatment. The court concluded that this sentence would provide an opportunity for the defendant to address the underlying issues that led to the offence and contribute positively to the community.

The final orders of the court included the defendant's conviction and the imposition of a Community Corrections Order for three years, with the specified conditions to be adhered to during the sentence period.

Orders

Orders of the court

Convicted and sentenced to a Community Corrections Order for 3 years. The following conditions are to apply:

1. Not to commit any offence.

2. Must appear before the Court if called upon to do so.

3. Accept the supervision of Community Corrections.

4. Undertake any counselling or treatment as directed by Community Corrections.

5. Undertake 350 hours community service.

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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