REGINA v Raymond JOHNSON [2002] NSWCCA 492

New South Wales Court of Criminal Appeal

CITATION : REGINA v Raymond JOHNSON [2002] NSWCCA 492 FILE NUMBER(S) : CCA 60364/01 HEARING DATE(S) : 6/12/02 JUDGMENT DATE : 6 December 2002

PARTIES : Regina Raymond JOHNSON JUDGMENT OF : Ipp JA at 1; Hulme J at 36; Bell J at 2

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/0097 LOWER COURT JUDICIAL Gibson DCJ OFFICER :

COUNSEL : PG Ingram (Crown) BT Stratton QC (Appellant) SOLICITORS : SE O'Connor Leon Goldberg (Appellant)

LEGISLATION CITED : Crimes Act 1900 Knight v The Queen (1992) 175 CLR 495 CASES CITED: M v The Queen (1994) 181 CLR 487 Martin v Osborne (1936) 55 CLR 367 Regina v Bazley (unreported) NSWCCA 23 March 1989 DECISION : Appeal dismissed; Application for leave to appeal against severity of sentence dismissed

IN THE COURT OF CRIMINAL APPEAL 60364/01

IPP JA HULME J BELL J

6 December 2002 REGINA v Raymond JOHNSON Judgment 1 IPP JA: I ask Justice Bell to deliver the first judgment. 2 BELL J: On 4 June 2001 the appellant was arraigned in the District Court at Sydney before his Honour Judge J.X. Gibson QC on an indictment charging him with the following two offences: (i) that on 25 March 1995 at Alexandria he did steal 96 racquets and one squash racquet, the property of Slazenger Dunlop Pty Ltd; and