R v Kevin David Johnson [2007] NSWDC 211

New South Wales District Court

CITATION: R v Kevin David Johnson [2007] NSWDC 211

HEARING DATE(S): 27-28 August 2007

JUDGMENT DATE: 3 September 2007

EX TEMPORE JUDGMENT DATE : 30 January 2008

JURISDICTION: Appellate Jurisdiction

JUDGMENT OF: Nicholson SC DCJ

DECISION: Severity Appeal upheld - conviction confirmed - AOABH quash NPP imposed by Learned Magistrate - In lieu NPP 12 months to date from 18 January 2007 and expire 17 January 2008 - balance of term for AOABH to expire 17 January 2009 - Order release of appellant 17 January 2008 - parole conditions set.; Severity appeals in respect of Resist Arrest and intimidate police (x2) dismissed.

CATCHWORDS: Criminal Law - Severity appeal from Local Court - Broken Hill - Domestic Violence - AOABH - indigenous offender - impact of childhood domestic violence upon offender's propensity for violence -

PARTIES: Kevin David Johnson - Appellant Regina - Respondent

FILE NUMBER(S): 07/62/0255

SOLICITORS: Mr Kerkyasharian - Appellant - Aboriginal Legal Service M/s Swift - Respondent - ODPP

JUDGMENT

1 HIS HONOUR: Kevin David Johnson presents as a case of history repeating itself. I suspect that Mr Johnson is the only one present in court who is having difficulty seeing that fact.

2 Three years after his father died, his mother took up with a new partner. That was 20 years ago, when he was six years old. The new partner flogged his mother in brutal episodes of domestic violence. She sustained broken ribs and broken bones in her hand as a consequence of this man's cruelty and brutality. Listening to him give evidence no one could doubt his sense of anger and grievance at this man because of the wrong way the monster treated his mother.