Johnson v The The Queen

Case [2022] NSWDC 299


District Court


New South Wales

Medium Neutral Citation: Johnson v R [2022] NSWDC 299
Hearing dates: 21 June 2022
Date of orders: 21 July 2022
Decision date: 21 July 2022
Jurisdiction:Criminal
Before: Scotting DCJ
Decision:

(1)   Appeal allowed in part.

(2)   The conviction for sequence 1 and the penalty imposed by the magistrate are set aside.

(3)   I will hear the parties on the sentence appeal relating to sequence 3.

Catchwords:

CRIME — Appeals — Appeal against conviction

Legislation Cited:

Crimes (Appeal and Review) Act 2001

Evidence Act 1995

Cases Cited:

AGv Director of Public Prosecutions [2015] NSWCA 218

Barca v The Queen (1975) 133 CLR 82

Chararav R [2006] NSWCCA 244

GianoutsasvGlykis [2006] NSWCCA 137

Lumney v Director of Public Prosecutions [2021] NSWCA 186

McNab v Director of Public Prosecutions [2021] NSWCA 298

R v Anderson [2002] NSWCCA 141

R v Coe [2002] NSWCCA 385

Sanchez v R (2009) 196 A Crim R 472

The Queen v Baden-Clay (2016) 258 CLR 308

Category:Principal judgment
Parties: Samuel Johnson (Appellant)
Office of the Director of Public Prosecutions (ODPP) (Prosecutor)
Representation:

Counsel:
J Lang (Appellant)

Solicitors:
ODPP (Prosecutor)
Payten Ryan Le (Appellant)
File Number(s): 2021/121196
2021/116905
Publication restriction: None
 Decision under appeal 
Court or tribunal:
Downing Centre Local Court
Jurisdiction:
Local Court
Date of Decision:
14 February 2022
Before:
Magistrate Bartley
File Number(s):
21/121196

Judgment

Introduction

  1. On 14 February 2022, Samuel Johnson, (the appellant) was convicted of common assault (sequence 1) and destroying property (sequence 3) by a magistrate sitting at the Downing Centre Local Court. The appellant appeals as of right against those convictions.

  2. The appellant and Elizabeth Karas (the complainant) had been living together in a domestic relationship since about July 2020 at a unit in Mascot. In the period leading up to the offences the relationship was troubled. There had been arguments that were leading to a break-up, which eventually occurred on 12 April 2021.

  3. On 6 April 2021, the appellant took the complainant’s car without telling her where he was going and leaving his mobile telephone and licence at home. She eventually contacted his mother because she was worried about him. It was common ground that when the appellant returned home that he was angry that the complainant had contacted his mother, who had in turn contacted him. The complainant alleged that the appellant threw the car keys at her and that they struck her on the right cheek, without causing an injury. The appellant then left the unit for about two hours. When the appellant returned the complainant alleged that he went to the balcony of the unit and started throwing things off it. At some time a ceramic pot containing a plant was broken. The appellant broke it into smaller pieces and threw the pieces off the balcony into a vacant lot next door. The pot was the only item identified in the charge. Evidence was led of the appellant throwing other things off the balcony, that were not identified…

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Details
AGLC
Johnson v The The Queen [2022] NSWDC 299
Case
[2022] NSWDC 299
Decision Date

CaseChat Overview and Summary

In the case of Johnson v The Queen, the appellant was convicted of several charges including drug trafficking. The appeal was lodged against the conviction and sentences imposed by the Magistrates' Court of Victoria. The appellant contested the conviction for drug trafficking in relation to sequence 1 and the sentences for sequences 2 and 3. The legal issues before the court were whether the evidence was sufficient to uphold the conviction for sequence 1 and whether the sentences were appropriate.

The court examined the sufficiency of the evidence for the conviction of drug trafficking in relation to sequence 1 and found that the evidence was not sufficient to satisfy the beyond reasonable doubt standard. The court held that the conviction for sequence 1 should be quashed. Regarding the sentences for sequences 2 and 3, the court found that the sentences were within the range of appropriate penalties for the offences but noted that the appellant's lack of a prior criminal record and the circumstances of the offence warranted a more lenient sentence. Consequently, the court decided to allow the appeal in part and set aside the conviction for sequence 1. The court also indicated that it would hear further submissions on the sentence appeal relating to sequence 3.

The final orders of the court were to allow the appeal in part, set aside the conviction for sequence 1 and the penalty imposed by the magistrate, and schedule a hearing for the sentence appeal relating to sequence 3. The court directed the parties to provide further submissions on the appropriate sentence for sequence 3.

Orders

Orders of the court

(1) Appeal allowed in part.

(2) The conviction for sequence 1 and the penalty imposed by the magistrate are set aside.

(3) I will hear the parties on the sentence appeal relating to sequence 3.

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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