Daniel Phillip Hancy was driving drunk when he hit a motorcyclist and two stationary cars. Photo / 123rf
Daniel Phillip Hancy was driving drunk when he hit a motorcyclist and two stationary cars. Photo / 123rf
A Kiwi with a menacing history of driving offences has been kicked out of Australia, where his children live, after ploughing into a motorcyclist and two cars while driving drunk, leaving one person with significant and life-changing injuries.
Daniel Phillip Hancy, 39, has been detained in a Brisbane immigration detention centre while awaiting the fate of his appeal to remain in the country.
However, earlier this month, the Administrative Review Tribunal of Australia released its decision to back the immigration minister’s call to cancel Hancy’s visa following his spate of criminal offending.
According to the tribunal’s decision, Hancy moved to Australia in 2013, taking with him a bevvy of convictions he racked up in New Zealand, including for drink driving, driving while disqualified, operating a vehicle carelessly, failing to stop after an accident, and common assault.
Hancy had left New Zealand for a “start fresh” because of adverse family and social links involving “alcohol and drugs”.
“He wanted to ‘get away from all that stuff and make a change’,” the tribunal heard.
But that was not quite how the plan went for Hancy, as he continued to offend after he arrived in Australia.
Between October 2014 and July 2023, he committed multiple driving offences, including driving uninsured or unregistered vehicles, failing to pay tolls, five instances of speeding and three of driving drunk, before committing his most serious crime in September 2021.
Daniel Hancy's appeal was heard by the Administrative Appeals Tribunal of Australia.
On that occasion, Hancy drove dangerously and at high speed for about 10km before driving through a red light at a large and busy intersection, “without any indication that [he was] the slightest bit conscious of what [he was] doing”.
He struck a motorcyclist before spinning 180 degrees, mounting the median strip, and colliding with two stationary cars, causing significant damage.
After being arrested, Hancy failed a blood alcohol test and was charged with dangerous operation of a vehicle causing death or grievous bodily harm while adversely affected by an intoxicating substance.
An occupant of one car sustained an ankle injury in the crash, while the 65-year-old motorcyclist broke his femur in several places and suffered memory loss, severe disabling impacts, constant pain, and a slow recovery.
According to the decision, the motorcyclist enjoyed good health before the accident but Hancy “took that away from him”.
However, while on bail awaiting sentencing for the crash, Hancy drove a vehicle while his licence was suspended, breached his bail conditions and was again arrested for drink driving in an unregistered vehicle.
In November 2023, he was sentenced for the crash, and the court considered the drink driving incident while on bail to be an aggravating feature of his conduct.
He was sent to prison for five years with eligibility for parole consideration after 18 months.
Hancy’s offending triggered the controversial section 501 of Australia’s Migration Act and his visa was cancelled.
As a result, on the day Hancy was released on parole, he was taken into immigration detention, where he has since remained.
He went on to unsuccessfully seek revocation of the cancellation decision before finally turning to the tribunal to review the non-revocation decision.
The tribunal heard that Hancy has two children in Australia, whom he co-parents with a former partner, a new partner and fulltime employment.
Hancy had been assessed as having severe alcohol use disorder but was in the early stages of rehabilitation.
He has taken part in drug and alcohol programmes, and counselling, while in custody and said he now has a clear head and wants to better himself.
Hancy intends to continue with rehabilitation if released, the tribunal heard.
“He intends staying away ‘from old habits, going to church, and doing a lot of activities’. He wants to ‘start a business and stuff’.”
But while the tribunal acknowledged Hancy’s rehabilitative efforts, it considered he remained at least a moderate risk of reoffending and causing significant harm to another road user or pedestrian.
In affirming the decision to revoke his visa, the tribunal accepted that Hancy being repatriated would have a negative emotional, practical and financial effect on his partner, former partner and their children.
But it found his offending was “very serious” and the nature of harm from such conduct fell into a category where any risk of repeat was unacceptable.
“His reckless conduct on New Zealand and Australian roads is frequent and there is a trend of increasing seriousness, culminating in him causing very significant injuries to an innocent road user.”
The tribunal found no substantial impediments to Hancy re-establishing himself in New Zealand, and afforded the protection of the Australian community greater weight than other considerations.
“The applicant’s residence in Australia is contextualised by persistent conduct in breach of Australian laws that has harmed others.
“Having regard for the norm described as the expectations of the Australian community, little tolerance would be extended to him, and he should expect to forfeit the privilege of remaining in Australia.”
Tara Shaskey joined NZME in 2022 as a news director and Open Justice reporter. She has been a reporter since 2014 and previously worked at Stuff covering crime and justice, arts and entertainment, and Māori issues.
