SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2012 0298
| BRADLEY DARRYL JOHNSON | Appellant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES | NEAVE and COGHLAN JJA |
| WHERE HELD | MELBOURNE |
| DATE OF HEARING | 23 September 2013 |
| DATE OF JUDGMENT | 23 September 2013 |
| MEDIUM NEUTRAL CITATION | [2013] VSCA 277 |
| APPEALED FROM | DPP v Johnson (Unreported, County Court of Victoria, Judge Wood, date of sentence 30 May 2013) |
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CRIMINAL LAW – Appeal against sentence – 27 charges relating to aggravated burglary, burglary, theft and handling stolen goods – Appeal against sentence of four years and five months with a non parole period of three years and three months – Fresh evidence – Appellant suffered and continues to suffer from a paranoid schizophrenic illness – Appeal allowed – Appellant resentenced to total effective sentence of four years with a non parole period of three years.
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| Appearances: | Counsel | Solicitors |
| The Appellant | Mr P J Smallwood | VLA Melbourne |
| The Respondent | Mr B F Kissane | Mr C Hyland, Solicitor for Public Prosecutions |
NEAVE JA:
The appellant, Bradley Darryl Johnson, pleaded guilty to four charges of aggravated burglary, one charge of burglary, eight charges of theft, one charge of attempted theft, one charge of handling stolen goods and three summary charges for driving offences.
On 30 May 2012, the appellant was sentenced as follows:
charge on indictment offence maximum sentence cumulation 1 Burglary [Crimes Act 1958 (Vic) s76(1)] 10 years [Crimes Act 1958 (Vic) s76(3)] 12 months 2 months 2 Theft [Crimes Act 1958 (Vic) s72] 10 years [Crimes Act 1958 (Vic) s74] 12 months 1 month 3 Aggravated burglary [Crimes Act 1958 (Vic) s77(1)] 25 years [Crimes Act 1958 (Vic) s77(2)] 2 years Base 4 Theft [Crimes Act 1958 (Vic) s72] 10 years [Crimes Act 1958 (Vic) s74] 12 months 1 month 5 Attempted theft [Crimes Act 1958 (Vic) s321M] 10 years [Crimes Act 1958 (Vic) s74] 6 months 1 month 6 Aggravated burglary [Crimes Act 1958 (Vic) s77(1)] 25 years [Crimes Act 1958 (Vic) s77(2)] 2 years 4 months 7 Aggravated burglary [Crimes Act 1958 (Vic) s77(1)] 25 years [Crimes Act 1958 (Vic) s77(2)] 2 years 4 months 8 Theft [Crimes Act 1958 (Vic) s72] 10 years [Crimes Act 1958 (Vic) s74] 12 months 1 month 9 Theft [Crimes Act 1958 (Vic) s72] 10 years [Crimes Act 1958 (Vic) s74] 12 months 1 month 10 Aggravated burglary [Crimes Act 1958 (Vic) s77(1)] 25 years [Crimes Act 1958 (Vic) s77(2)] 2 years 4 months 11 Theft [Crimes Act 1958 (Vic) s74] 10 years [Crimes Act 1958 (Vic) s74] 12 months 1 month 12 Theft [Crimes Act 1958 (Vic) s72] 10 years [Crimes Act 1958 (Vic) s74] 12 months 1 month 13 Handle stolen goods [Crimes Act 1958 (Vic) s88(1)] 15 years [Crimes Act 1958 (Vic) s88(2)] 18 months 3 months 14 Theft [Crimes Act 1958 (Vic) s72] 10 years…
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- AGLC
- Johnson v The Queen [2013] VSCA 277
- Case
- [2013] VSCA 277
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the appellant's paranoid schizophrenic illness, which was not considered at the original sentencing, warranted a reconsideration of the sentence. The court had to determine if the fresh evidence was significant enough to warrant a new sentence and, if so, what the appropriate sentence should be. The appeal also questioned whether the original sentence was manifestly excessive or inadequate in light of the appellant's illness.
The court acknowledged the appellant's paranoid schizophrenic illness and its impact on his criminal conduct and culpability. The illness was deemed a significant mitigating factor that should have been considered at the original sentencing. The court found that the fresh evidence was substantial and warranted a reconsideration of the sentence. The appeal was allowed, and the appellant was resentenced to a total effective sentence of four years with a non-parole period of three years. The court concluded that the original sentence was excessive given the appellant's illness and its impact on his criminal behaviour.
Orders
Orders of the court
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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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