R v Johns [2002] NSWCCA 185

New South Wales Court of Criminal Appeal

CITATION : R v Johns [2002] NSWCCA 185 FILE NUMBER(S) : CCA 60628/99 HEARING DATE(S) : 15 May 2002 JUDGMENT DATE : 15 May 2002

PARTIES : Regina v Colin John Johns JUDGMENT OF : O'Keefe J at 37; Smart AJ at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/21/0190; 98/21/0191 LOWER COURT JUDICIAL Nield DCJ OFFICER :

COUNSEL : (A) P Bodor QC (C) R A Hulme SOLICITORS : (A) Mark Rumore (C) S E O'Connor CATCHWORDS : Sentencing - No question of principle - adjustment of non-parole period LEGISLATION CITED : Nil CASES CITED: Nil DECISION : See para 35-36

IN THE COURT OF CRIMINAL APPEAL

60628/99 O'KEEFE J SMART AJ

Wednesday, 15 May 2002

REGINA v COLIN JOHN JOHNS JUDGMENT

1. SMART AJ: The applicant, Colin John Johns, seeks leave to appeal against the asserted severity of sentences imposed in the District Court on 15 October 1999 in respect of sixteen offences on two indictments, taking a further eighteen offences into account. The effect of the sentences was imprisonment for nine years with a minimum term of six years commencing on 8 November 1997. The applicant pleaded guilty to the sixteen offences and admitted his guilt on the offences taken into account.

2. The offences, the subject of the two indictments, and the sentences of imprisonment imposed were as follows: Indictment 2 of 28 September 1999 3 November 1997 Count 4 --- steal motor vehicle at Leichhardt - Fixed term of one year from 8 November 1997 to 7 November 1998. Count 1 --- break, enter and steal property from a garage at Leichhardt and taking into account the offence of enter enclosed lands - Fixed term of eighteen months from 8 November 1997 to 7 May 1999 Count 2 ---at Fairfield - possess car breaking implements - Fixed term of nine months from 8 November 1997 to 7 August 1998.