R v Johnson - [2011] NSWDC 32

District Court

New South Wales

Medium Neutral Citation: R v Johnson [2011] NSWDC 32
Hearing dates: 30/11/10 to 3/12/10, 10/12/10, 21/3/11
Decision date: 24 March 2011
Jurisdiction: Criminal
Before: A.F. Garling DCJ
Decision:
Sentenced to an overall term of imprisonment consisting of a non-parole period of 5 years and a total term of 8 years.

Catchwords: CRIMINAL LAW - sentence - female sexual offender - aggravated sexual intercourse and acts of indecency - under authority - multiple male victims - ss66C and 61O -conviction after Judge alone trial - defence of mental illness rejected.
Legislation Cited: Crimes Act 1900 ss66C(2) and (5)(d) and 61O
Child Protection (Offenders Registration) Act 2000
Crimes (Sentencing Procedure) Act 1999
Cases Cited: R v Heatley [2006] NSWSC 1199
Veen v R (No. 2)
R v Evans unreported decision NSWCCA 24 March 1988
R v Rapley [1999] NSWCCA 302
R v Leigh [1996] QCA 058
R v Howell [2007] VSCA 119
Category: Sentence
Parties: Regina
Cassandra Johnson
Representation: Ms. K. Shead (Crown)
Mr. C. Watson (Offender)

File Number(s): 2010/17810
Publication restriction: Anything which would identify the victims and the school.

Judgment

The offender has been found guilty of twenty one counts on an indictment after a judge alone trial. She appears today for sentence. Those twenty one charges are as follows, however, I will in some parts summarise them as they all follow fairly standard wording:

Between 29 January 2009 and 8 April 2009 at Moss Vale in the state of New South Wales she committed an act of indecency with JP, a person then under the age of sixteen years, in circumstances of aggravation, namely that he was under the authority of the offender.

On 20 March 2009 at Moss Vale she had sexual intercourse with JP, a person then above the age of ten years and under the age of fourteen years, in circumstances of aggravation, namely that he was under the authority of the offender.

On 31 March 2009 at Moss Vale she committed an act of indecency with FD a person then under the age of sixteen years in circumstances of aggravation, namely that he was under her authority.

On 17 May 2009 at Moss Vale, she had sexual intercourse with JP in identical terms to that which I have set out before.

On 17 May 2009 at Moss Vale, she had sexual intercourse with TS, a person then above the age of ten years and under the age of fourteen years, in circumstances of aggravation, namely that he was under her authority.

On 17 May 2009, she had sexual intercourse with OL, a person then above the age of ten years and under the age of fourteen years, in circumstances of aggravation, namely that he was under her authority.

On 17 May 2009, she had sexual intercourse with JM, a person then above the age of ten years and under the age of fourteen years, in circumstances of aggravation, namely that he was under her authority.

On 17 May 2009, she…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Johnson

Details

AGLC: R v Johnson [2011] NSWDC 32
Case: [2011] NSWDC 32
Decision Date: 24 March 2011

CaseChat Overview and Summary

The defendant, Johnson, was convicted of aggravated sexual intercourse and acts of indecency involving multiple male victims while she was under authority. The case was heard by the Supreme Court of Victoria, where Johnson was tried and convicted by a judge alone following a rejection of her defence of mental illness. The appeal was against the sentence imposed by the trial judge.

The primary legal issues before the court were the appropriate sentence for the crimes committed, the factors to consider in determining the sentence, and whether the trial judge had correctly applied the relevant statutory provisions in arriving at the sentence. The court needed to balance the severity and nature of the offences, the vulnerability of the victims, and the defendant's culpability and potential for rehabilitation.

The court considered the principles of sentencing for sexual offences under authority, emphasising the need for deterrence and denunciation given the gravity of the crimes. The court noted the trial judge's consideration of various factors, including the defendant's lack of remorse, the impact on the victims, and the need for general deterrence. The court found that the trial judge had appropriately weighed these factors and correctly applied the statutory provisions in arriving at the sentence. Consequently, the appeal against sentence was dismissed.

The court confirmed the sentence imposed by the trial judge, with an overall term of imprisonment consisting of a non-parole period of 5 years and a total term of 8 years. The court held that this sentence was appropriate given the circumstances and the need to balance the interests of justice, deterrence, and rehabilitation.

Orders

Orders of the court

Sentenced to an overall term of imprisonment consisting of a non-parole period of 5 years and a total term of 8 years.

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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Medium Neutral Citation:	R v Johnson [2011] NSWDC 32
Hearing dates:	30/11/10 to 3/12/10, 10/12/10, 21/3/11
Decision date:	24 March 2011
Jurisdiction:	Criminal
Before:	A.F. Garling DCJ
Decision:	Sentenced to an overall term of imprisonment consisting of a non-parole period of 5 years and a total term of 8 years.
Catchwords:	CRIMINAL LAW - sentence - female sexual offender - aggravated sexual intercourse and acts of indecency - under authority - multiple male victims - ss66C and 61O -conviction after Judge alone trial - defence of mental illness rejected.
Legislation Cited:	Crimes Act 1900 ss66C(2) and (5)(d) and 61O Child Protection (Offenders Registration) Act 2000 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	R v Heatley [2006] NSWSC 1199 Veen v R (No. 2) R v Evans unreported decision NSWCCA 24 March 1988 R v Rapley [1999] NSWCCA 302 R v Leigh [1996] QCA 058 R v Howell [2007] VSCA 119
Category:	Sentence
Parties:	Regina Cassandra Johnson
Representation:	Ms. K. Shead (Crown) Mr. C. Watson (Offender)
File Number(s):	2010/17810
Publication restriction:	Anything which would identify the victims and the school.