Regina v Raymond JOHNSON [2001] NSWCCA 517

New South Wales Court of Criminal Appeal

CITATION : Regina v Raymond JOHNSON [2001] NSWCCA 517 FILE NUMBER(S) : CCA 60722/00 HEARING DATE(S) : 12/12/01 JUDGMENT DATE : 12 December 2001

PARTIES : Regina Raymond JOHNSON (Applicant) JUDGMENT OF : Greg James J; Bell J

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/11/0387 LOWER COURT JUDICIAL Goldring DCJ OFFICER :

COUNSEL : M C Grogan (Crown) C B Craigie SC (Applicant) SOLICITORS : S E O'Connor D J Humphreys (Applicant)

Criminal Appeal Act 1912 LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 CASES CITED: Pearce v The Queen (1998) 194 CLR 610 Regina v Thomson &Houlton [2000] NSWLR 49 383 DECISION : Leave granted to appeal against the severity of the sentences ; Appeal allowed in each case and sentences imposed in the District Court quashed; In lieu thereof, in respect of count 7 (being the armed robbery committed on 5 November 1999) the offender sentenced to a term of six years imprisonment, commencing on 2 April 2000. Non-parole period of four years and six months aspecified; First date upon which the offender will be eligible for consideration of release to parole is 1 October 2004; In respect of count 6 (the armed robbery offence committed on 5 December 1999) the offender sentenced to a term of six years imprisonment, commencing on 2 April 2000. Non-parole period of four years six months specified; The first date upon which the applicant is eligible for release to parole is 1 October 2004; In respect of count 5 (the armed robbery offence committed on 30 December 1999) the offender sentenced to a term of six years imprisonment, commencing on 2 April 2000 ; Non-parole period of four years and six months specified; First date upon which the offender will be eligible for consideration of release to parole would be 1 October 2004; In respect of count 4 (the armed robbery offence committed on 15 January 2000) the offender sentenced to a term of six years imprisonment, commencing on 2 April 2000; Non-parole period of four years and six months specified; The first date upon which the offender will be eligible for release to parole would be on 1 October 2004; In respect of count 1 (the armed robbery committed on 2 April 2000) the offender sentenced to a term of eight years imprisonment, commencing on 2 April 2003 ; Non-parole period of four and a half years specified commencing on 2 April 2003 in respect of that offence; The first date upon which the offender will be eligible of consideration for release to parole will be 1 October 2007; In respect of counts 2, 3 and 8, in each case the applicant is sentenced to a fixed term of four years imprisonment, to date from 2 April 2000; Those sentences will, in each case, expire on 1 April 2004