NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v Johnson [2004] NSWCCA 140 revised - 18/05/2004 HEARING DATE(S) : 15 April 2004 JUDGMENT DATE : 11 May 2004
JUDGMENT OF : Spigelman CJ at 1; Wood CJ at CL at 2; Simpson J at 3 DECISION : Crown appeal dismissed
CATCHWORDS : Crown appeal against sentence - break, enter and steal in circumstances of aggravation - break and enter a place of divine worship with intent to steal - pleas of guilty - subjective circumstances - special circumstances - applicable sentencing regime - range of objective seriousness of offences Children (Criminal Proceedings) Act 1987 LEGISLATION CITED : Crimes Act 1900, s107(1), s112 Crimes (Sentencing Procedure) Act 1999, s21A, s44, s54 Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 CASES CITED : House v The King (1936) 55 CLR 499 R v Way [2004] NSWCCA 131 PARTIES : Crown - Appellant Leigh Robert Johnson- Respondent FILE NUMBER(S) : CCA 60010/04 COUNSEL : D Woodburne - Crown A Haesler with J Healey - Respondent SOLICITORS : S Kavanagh - Crown S O'Connor - Respondent
LOWER COURT District Court JURISDICTION : LOWER COURT 03/21/3159 FILE NUMBER(S) : LOWER COURT Sorby DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 60010/04
SPIGELMAN CJ WOOD CJ at CL SIMPSON J
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