Supreme Court
New South Wales
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Medium Neutral Citation: R v Johnson (No 5) [2017] NSWSC 1169 Hearing dates: 30 August 2017 Date of orders: 01 September 2017 Decision date: 01 September 2017 Jurisdiction: Common Law Before: Button J Decision: Convicted. Sentenced to imprisonment for 6 years to date from 17 May 2015 and expire on 16 May 2021, comprising a non-parole period of 4 years followed by a balance of the term of sentence of 2 years. The first date upon which the offender will become eligible for possible release to parole is 16 May 2019.
Catchwords: SENTENCE — manslaughter — unlawful and dangerous act — offender found not guilty of murder but guilty of manslaughter after trial by jury — other factors besides assault substantially contributed to death — offer to plead guilty to manslaughter before trial — Aboriginal offender with criminal record for violence — offer to give evidence with regard to offending of another person — sentence imposed Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW); s 25C
Crimes (Sentencing Procedure) Act 1999 (NSW); ss 21A(3)(i), 23Cases Cited: Bugmy v the Queen (2013) 249 CLR 571; [2013] HCA 37
R v Cardoso [2003] NSWCCA 15
R v Isaacs (1997) 41 NSWLR 374
R v Manevski [2016] NSWSC 1465
R v Oinonen [1999] NSWCCA 310
R v Previtera (1997) 94 A Crim R 76
R v XX [2017] NSWCCA 90
RJT v R [2012] NSWCCA 280
The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54
The Queen v De Simoni (1981) 147 CLR 383; [1981] HCA 31Category: Sentence Parties: Regina
Steven John JohnsonRepresentation: Counsel:
Solicitors:
Mr L. Carr (Crown)
Mr D. Carroll (Offender)
Office of the Director of Public Prosecutions (Crown)
Rice, More & Gibson (Offender)
File Number(s): 2015/146675 Publication restriction: Nil
REMARKS ON SENTENCE
Introduction
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On 11 April 2017, Steven John Johnson (the offender) was arraigned in the Supreme Court sitting at Tamworth before a jury panel and me. The indictment contained four counts, all alleged to have occurred on 16 May 2015, and the second to fourth counts all expressed to be in the alternative.
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The primary count alleged that the offender had murdered Kenneth Matthews (the deceased); the second count explicitly averred the manslaughter of the same person; and the third and fourth counts alleged assault causing the death, in its aggravated and non-aggravated forms, of the same person. The offender pleaded not guilty to all counts, and a trial by jury of six weeks’ duration ensued.
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On 17 May 2017, the jury returned a verdict of not guilty of murder, but guilty of manslaughter. No verdicts were taken, of course, on the third and fourth counts.
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The proceedings on sentence took place before me on 30 August 2017 in the same courthouse, and it falls upon me to sentence the offender for the offence of manslaughter today.
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In light of the explicit finding of the jury that the offender was not…
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- AGLC
- R v Johnson (No 5) [2017] NSWSC 1169
- Case
- [2017] NSWSC 1169
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court had to address was the appropriate sentence for the defendant, considering the circumstances of the offence and the factors that contributed to the victim's death. The court needed to assess the gravity of the offence, the defendant's criminal history, and the mitigating factors presented, including the offer to plead guilty to manslaughter before the trial and the defendant's willingness to give evidence about the offending of another person. The court also had to consider the substantial contribution of factors other than the assault in causing the victim's death.
The court, after careful consideration of the evidence and the arguments presented, found that the appropriate sentence for the defendant was one of imprisonment. The court took into account the defendant's offer to plead guilty to manslaughter before the trial and the willingness to give evidence about the offending of another person as mitigating factors. However, the court also considered the substantial contribution of other factors in causing the victim's death, the defendant's criminal history involving violence, and the need to deter similar offending in the future. The court ultimately determined that a term of imprisonment was necessary to adequately reflect the seriousness of the offence and to serve as a deterrent against future offending.
The final order of the court was that the defendant be sentenced to a term of imprisonment, with the specific details of the sentence not provided in the text. The court's decision balanced the mitigating factors with the need to address the gravity of the offence and the importance of deterrence, ultimately determining that a custodial sentence was the most appropriate course of action in this case.
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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