May 23, 2008

Bid for release for 'boot camp' fails

By David Clarkson

A young offender has failed in his bid to arrange a ?boot camp? training session for himself while he awaits sentence for a serious assault.

Thomas Joseph Hancy is in custody awaiting sentence on a charge of intentionally injuring a 14-year-old.

He was one of four teenagers who admitted the attack and all of them have been refused bail awaiting sentence on June 13.

Hancy, aged 18 and with a serious criminal past even at that age, wanted to be released on bail so that he could begin a limited service volunteer course that is due to start at Burnham Military Camp on Monday.

But Christchurch District Court Judge Michael Crosbie said today that it was too much of a ?leap of faith? to release the young offender.

?Every single thing I know about you is negative,? he told Hancy when he made his bail application.

The hearing had been delayed so that Hancy?s counsel, Elizabeth Bulger, could talk to the LSV organisers and ensure they realised what charges Hancy was being sentenced on.

Even so, Miss Bulger told the court, the course would have accepted him if the judge would allow it. ?His attitude is a good one and he has done the right things to persuade them that he should be accepted.?

Judge Crosbie: ?The bottom line is, has he disavowed his loyalty to the Cripps gang and thrown away is blue bandanna??

Miss Bulger: ?The reality is that it may happen over the next few weeks if he is allowed to go.?

Hancy?s grandmother had written a letter of support, and came to court to support his bid for release to the LSV course.

Miss Bulger said, ?He made these moves himself, with a view to sorting himself out.?

She urged that the release be allowed, on the basis that Hancy would be taken into custody by the police if they were told he was not getting on with the LSV course as arranged.

Judge Crosbie said the attack on the 14-year-old boy had been carried out with three others in the context of the local youth gang, called the Cripps.

?That gang, of course, is increasingly well known to the court, as are your activities,? he said.

Hancy had convictions for theft, possession of a knife, assaults, possession of cannabis, and four for escaping from custody.

?I am asked to have confidence that an 18-year-old who has already admitted a violent assault committed in a gang context on a 14-year-old, and who has previous convictions for assault and escaping from custody, is a fit and proper person for me to bail pending his sentence.

?When it is said like that, the answer?s clear. The best indicator of your future performance is your past, and your past performance has been dismal.

?I would be failing in my obligation as a judge if I were to let you go today,? said Judge Crosbie.

But he said that if Hancy received a favourable probation report he would at least consider the option of deferring his sentence to enable him to go on the next LSV course.