District Court
New South Wales
Medium Neutral Citation: R v Hansen [2021] NSWDC 457 Hearing dates: 19, 23 February 2021 & 01 March 2021 Date of orders: 04 June 2021 Decision date: 04 June 2021 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: For the State offences: an aggregate sentence of imprisonment of 4 years 3 months with a non-parole period of 3 years 2 months
For the Commonwealth offences: an aggregate sentence of imprisonment of 17 years with a non-parole period of 12 years
Legislation Cited: Crimes Act 1900
Crimes Act 1914 (C’th)
Crimes (Sentencing Procedure) Act 1999
Criminal Code 1995 (C’th)
Customs Act 1901 (C’th)
Evidence Act 1995
Cases Cited: Bugmy v The Queen [2013] HCA 37
Cheung v The Queen (2001) 209 CLR 1
Director of Public Prosecutions (C’th) v De La Rosa (2010) 79 NSWLR 1
DPP v Beattie [2017] NSWCCA 301
Fasciale v R [2010] 30 VR 643
Filippou v The Queen [2015] HCA 29
Hilli v R, Jones v R [2010] HCA 45
Huang aka Liu v R [2018] NSWCCA 70
Imbornone v R [2017] NSWCCA 144
Muldrock v The Queen [2011] HCA 39
Neal v The Queen (1982) 149 CLR 305
R v Borkowski [2009] NSWCCA 102
R v Clarkson [2011] 32 VR 361
The Queen v De Simoni [1981] HCA 31; (1981) 147 CLR 383
Veen v The Queen (No. 2) (1988) HCA 14
Category: Sentence Parties: Regina (Crown)
Peter Andrew Hansen (Offender)Representation: Jennifer Single SC (Crown)
Talia Epstein (Junior)Alex Radojev (Counsel for the Offender)
Director of Public Prosecutions (NSW) (Crown)
Victor Lawyers (solicitors for the Offender)
File Number(s): 2018/00304908, 2018/00308763 & 2019/00314711 Publication restriction: Statutory non-publication order for the identities of the victims and any information which might cause their identities to be ascertained
REVISED JudgEment
Introduction
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These are the sentence proceedings in respect of Peter Andrew Hansen. They are continuing today for the purposes of judgement and the imposition of sentence.
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Peter Andrew Hansen appeared for sentence in the District Court of New South Wales, Sydney, on Friday February 19, 2021 whereupon he confirmed his pleas of guilty to 31 offences, which, with the specified maximum penalties, are particularised in a table that appears below.
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After the Crown and defence bundles were tendered, to accommodate the convenience of psychiatrist Dr Olav Nielssen to be called in the offender's case, the proceedings were adjourned to Tuesday, February 23, 2021 when he was available to attend court.
The Proceedings
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Unfortunately, through no fault of the parties or the Court there has been some limited delay until the resolution of the proceedings today to allow medical treatment that I was required to undergo, and predominantly because of a trial which extended to six weeks longer than the original estimate…
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- AGLC
- R v Hansen [2021] NSWDC 457
- Case
- [2021] NSWDC 457
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were the appropriateness of the sentences imposed on Hansen, both in terms of the overall length and the non-parole periods. The court needed to consider whether the sentences were excessive or manifestly inadequate in the circumstances. The court also considered whether the sentences reflected the gravity of the offences and the need for deterrence and denunciation.
The court examined the nature and circumstances of the offences, the degree of culpability, and the overall impact on the victims. It held that while the severity of the sentences was substantial, it was not manifestly inadequate. The court took into account the cumulative effect of the crimes and the need to protect the community. The court was satisfied that the sentences imposed were commensurate with the gravity of the offences and the need for appropriate punishment and deterrence. Consequently, the appeal was dismissed, and the original sentences were upheld.
Orders
Orders of the court
For the State offences: an aggregate sentence of imprisonment of 4 years 3 months with a non-parole period of 3 years 2 months
For the Commonwealth offences: an aggregate sentence of imprisonment of 17 years with a non-parole period of 12 years
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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