R v Johnson [2004] NSWCCA 76

New South Wales Court of Criminal Appeal

CITATION : R v Johnson [2004] NSWCCA 76 HEARING DATE(S) : 5 March 2004 JUDGMENT DATE : 13 April 2004

JUDGMENT OF : Simpson J at 1; Kirby J at 1; Bell J at 1 DECISION : i. Leave to appeal against each sentence granted; ii. Appeal against each sentence allowed in the following respects: count 1: sentence quashed; in lieu thereof, the applicant be sentenced to imprisonment for a fixed term of fifteen months, commencing on 31 July 2002; counts 2 - 5: all sentences to be adjusted so that they commence, respectively, on count 2: 31 July 2002; count 3: 31 July 2003; count 4: 31 July 2003; count 5: 31 March 2004; Otherwise, appeals against sentence dismissed.

CATCHWORDS : application for leave to appeal against severity of sentence - resist officer in execution of duty - possess housebreaking implements - possess unlicensed firearms - possess prohibited handgun - subjective circumstances - antecedent criminal record - correction of commencement dates of sentences LEGISLATION CITED : Crimes Act 1900, s58 Crimes (Sentencing Procedure) Act 1999, Division 3, Part 3, s21A, s44 Ibbs v The Queen (1987) 163 CLR 447 R v Johnson [2002] NSWCCA 492, unreported, 6 December 2002 CASES CITED : R v Shankley [2003] NSWCCA 253 R v Zamagias [2002] NSWCCA 17 Ryan v The Queen [2001] HCA 21; 206 CLR 267 Veen v R [No 2] (1988) 164 CLR 465 PARTIES : Crown - Respondent Applicant - Raymond Johnson FILE NUMBER(S) : CCA 60435/03 COUNSEL : Crown - E Wilkins Applicant - P Boulten SC SOLICITORS : Crown - S Kavanagh Applicant - C Watson