| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL JURISDICTION
S CR 2014 0142
| THE QUEEN |
| v |
| BRITTNEY JOHNSTON |
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JUDGE: | BEALE J |
WHERE HELD: | Melbourne |
DATES OF HEARING: | 5 December 2014 and 29 January 2015 |
DATE OF SENTENCE: | 29 January 2015 |
CASE MAY BE CITED AS: | R v Johnston |
MEDIUM NEUTRAL CITATION: | [2015] VSC 16 |
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CRIMINAL LAW – Sentence – Manslaughter – Stabbing – Domestic violence – Plea of guilty - Offender was ‘ice’ affected – History of weapons use - Reasonable prospects of rehabilitation.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Ms Dalziel | Office of Public Prosecutions |
| For the Offender | Mr McMahon Ms Burchill | Gleeson & Associates |
HIS HONOUR:
Brittney Johnston, you have pleaded guilty to one charge of manslaughter based on an unlawful and dangerous act, namely the stabbing of James Berias in the chest region with a large kitchen knife on 6 April 2014.
The maximum penalty for manslaughter is 20 years.
Summary of Offending
You began a relationship with James Berias only a few months before he died at your hand. It was a volatile relationship. Between February and April 2014, there were many arguments between the two of you and on a number of occasions you resorted to physical violence, including the use of a knife.
On 6 March 2014, you punched Mr Berias in the mouth, knocking out a tooth. His close friend Dion Baines took you to hospital because you had cut your hand badly in the process. In mid-March 2014, you were waving a knife around during a dispute and cut Mr Berias on the wrist. On 30 March 2014, when Mr Berias came around to your house and there was an argument over a Commodore station wagon he had recently bought you, you swung a knife at him, cutting his left elbow.
The fact that the two of you were using ice during your brief relationship no doubt contributed to its volatility. And you knew that when you were affected by ice, you were a danger to others. On 5 April 2014, the day before you killed Mr Berias, you had a conversation with his friend Mr Baines at a service station, whilst Mr Berias was washing the station wagon he had bought you. You and Mr Baines were smoking ice together in Mr Berias’ or Mr Baines' truck when you said that you had to get off the ice because ‘I can't handle it and when I'm on this stuff I know I will kill someone.’ You were right.
The next evening, around 10.40 pm, you stabbed Mr Berias with a kitchen knife in the chest in the course of an argument at your home in Yarraville.
As I said, you had been using ice during your relationship with Mr Berias. You had smoked ice with his friend Mr Baines on the evening of 5 April 2014. Around 7 pm the next day, Mr Berias called Mr Baines and told him that the two of you…
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- AGLC
- R v Johnston [2015] VSC 16
- Case
- [2015] VSC 16
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were the assessment of the appropriate sentence for the crime of manslaughter, the mitigating factors presented by Johnston's plea of guilty, his drug-affected state, and his history of weapons use, as well as the evaluation of his prospects for rehabilitation. The court needed to weigh these factors against the severity of the crime and the need for deterrence and denunciation.
In its decision, the court acknowledged the mitigating factors presented by Johnston's guilty plea, his drug-affected state, and his history of weapons use. However, the court also considered the severity of the crime and the need to ensure public safety and provide a measure of deterrence. Ultimately, the court determined that a sentence that balanced these considerations was appropriate, taking into account Johnston's reasonable prospects of rehabilitation.
The court ordered that Johnston be sentenced to a term of imprisonment with a non-parole period, reflecting the seriousness of the offence while also providing an opportunity for Johnston to rehabilitate and reintegrate into society. The precise details of the sentence were not specified in the text provided.
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