R v Johnson

[2020] NSWDC 820

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Johnson [2020] NSWDC 820

Hearing dates:

22 October 2020

Decision date:

22 October 2020

Jurisdiction:

Criminal

Before:

Norrish QC DCJ

Decision:

Sentenced to 2 years 3 months imprisonment; non- parole period 12 months imprisonment.

Catchwords:

CRIME – sentence – break enter and steal- special circumstances – offence committed while on conditional liberty – extensive criminal history – fled interstate to commit further offences – institutionalised – deprived upbringing – “Todd” principles

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act

Cases Cited:

Bugmy v R [2013] HCA 37

Callaghan v R [2006] NSWCCA 58

Harris v R [2005] NSWCCA 204

Moffittv R (1990) 20 NSWLR 114

R v Henry (1999) 46 NSWLR 346

R v Osenkowski (1982) 5 A Crim R 394

RvPonfield (1999) 48 NSWLR 327

RvTodd (1982) 2 NSWLR 517

Category:

Sentence

Parties:

Regina (Crown)
David John Johnson (Offender)

Representation:

Solicitors:
Ms J Azad (DPP)
Mr P Paine (Offender)

File Number(s):

2020/00182861

Publication restriction:

No

Judgment

1. Mr Johnson I propose to sentence you to two years three months imprisonment. I am going to date that sentence from 19 July 2020. That is approximately a month after you came back into custody in New South Wales. I am going to fix a non‑parole period of one year. I am going to make a finding of special circumstances. It is not possible for me to order an Intensive Correction Order; that would not reflect either the character of the offending or the relevance of your criminal history, all things taken into account. I propose to direct that you be referred to the Drug Court for assessment for your eligibility for a Compulsory Drug Treatment Order. Whether that can occur or not in the time that I have fixed I am not able to say.

2. My practice is, Mr Johnson, is to tell people in advance what their sentence is going to be. I think that is what most people who are to be sentenced are more interested in, not leaving people in suspense. I will give my reasons now.

3. I have accorded you a 25% discount upon the otherwise appropriate sentence for the offence that you have committed.

4. David John Johnson appears today for sentence in relation to an offence that was committed quite some time ago in February 2006 at residential premises at Kiama. I will come back to the facts of the matter. It is an offence contrary to s 112(1) Crimes Act 1900. It carries a maximum penalty of 14 years’ imprisonment and has no standard non‑parole period.

5. A charge of aggravated breaking entering and stealing was withdrawn at the Local Court.

6. The offender pleaded guilty at the Local Court and was committed for sentence. He is entitled, whichever way one looks at it under the legislation or otherwise, to a discount of 25% for that plea of guilty reflecting its utilitarian value.

7. The offender has been in custody…