NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v JOHNSON [2023] NSWDC 541 Hearing dates: 30 November 2023 Date of orders: 5 December 2023 Decision date: 05 December 2023 Jurisdiction: Criminal Before: Lerve DCJ Decision: Sentenced – see paragraphs [58]-[61] Catchwords: CRIMES – enter building with intent - aggravated break and enter – destroy property by fire – drive conveyance without consent of owner – drive manner dangerous in a police pursuit – knowingly be carried in stolen conveyance SENTENCING – Bugmy factors – drug use - approaching institutionalisation – specific general deterrence – parity with co-offender Legislation Cited: Road Transport Act, 2013 Crimes Act, 1900 Criminal Procedure Act, 1986 Crimes (Sentencing Procedure) Act, 1999 Cases Cited: Bugmy v The Queen [2013] HCA 37 Byrne & Cahill v R [2021] NSWCCA 185 Hunter v R [2011] NSWCCA 141 Veen v The Queen (No 2) (1988) 164 CLR 465 Category: Sentence Parties: Rex Peter JOHNSON Representation: Counsel: Mr T Jackson, for the Offender
Solicitors: Ms G Knight, Office of Director of Public Prosecutions Mr S Groch, Tankards Law File Number(s): 2022/393218 Publication restriction: No
REMARKS ON SENTENCE 1. The offender appeared at the Wagga Wagga District Court and adhered to pleas of guilty entered on 4 October 2023 at the Local Court in respect of the following charges (in the order they appear on the Crown Bundle cover sheet):
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