Johnson v R [2021] NSWCCA 13

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Johnson v R [2021] NSWCCA 13 Hearing dates: 13 July 2020 Date of orders: 17 February 2021 Decision date: 17 February 2021 Before: Price J at [1] Garling J at [2] Wright J at [76] Decision: (1) Grant the applicant an extension of time within which to file a Notice of Grounds of Appeal to 8 May 2020. (2) Grant leave to Appeal. (3) Appeal upheld. (4) Aggregate sentence imposed by Wilson SC DCJ in the District Court of NSW on 1 October 2019 be quashed. (5) In lieu, an aggregate sentence is imposed of 24 years imprisonment commencing on 25 August 2017 and concluding on 24 August 2041, with a non-parole period of 18 years. (6) Mr Johnson will not be eligible for release before 24 August 2035. Catchwords: CRIME — Appeals — Appeal against sentence — Extension of time in which to file notice of grounds of appeal CRIME — Appeals — Appeal against sentence — where applicant convicted of ten counts of indecent sexual assault with persons under 16 years —— whether mere presence of children under 16 years was an aggravating factor — error found – mere presence insufficient to aggravate the offending CRIME — Appeals – Resentence – no point of principle Legislation Cited: Criminal Appeal Act 1912 Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Cases Cited: Aleshbi v R; Eshbi v R [2018] NSWCCA 30 Gore v R; Hunter v R [2010] NSWCCA 330 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 McLaughlin v R [2013] NSWCCA 152 R v Seymour [2012] NSWSC 1010 Texts Cited: Not Applicable Category: Principal judgment Parties: Troy Stephen Johnson (Applicant) Regina (Respondent) Representation: Counsel: S Kluss (Applicant) H Baker SC / B Baker (Respondent)