NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Johnston [2005] NSWCCA 80
HEARING DATE(S): 25 November 2005
JUDGMENT DATE: 14 March 2005
JUDGMENT OF: Santow JA at 1; Bell J at 34; Howie J at 35
DECISION: 1. Grant leave to appeal; 2. Dismiss the appeal with respect to the sentences imposed on counts 1, 2 and 4 and confirm the sentences imposed in the District Court; 3. Allow the appeal with respect to the sentence imposed on count 3, confirm the head sentence imposed in the District Court but quash the non-parole period and substitute in lieu thereof a non-parole period of one year. The non-parole period commences on 8 November 2005 and will expire on 7 November 2006, which is the first date on which the applicant will be eligible for consideration for release on parole.
CATCHWORDS: SENTENCE- Application for leave to appeal against severity of sentence - Whether wrong principle applied to whether contrition could be found to exist - whether incorrect approach taken as to whether special circumstances existed - sentencing discretion required to be re-exercised - appropriate sentence and non-parole period.
Crimes (Sentencing Procedure) Act 1999 s33 LEGISLATION CITED: Criminal Appeal Act 1912 s5(1)(c)
R v Fidow [2004] NSWCCA 172 R v Pearce (1998) 194 CLR 610 CASES CITED: R v Ponfield & Ors (1999) 48 NSWLR 327 R v Tolley [2004] NSWCCA 165
Matthew Peter JOHNSTON (applicant/appellant) PARTIES: Regina (opponent/respondent)
FILE NUMBER(S): CCA 2004/2059
R BUTTON (applicant/appellant) COUNSEL: D ARNOTT (opponent/respondent)
S E O'Connor (applicant/appellant) SOLICITORS: S Kavanagh (solicitor for Public Prosecutions)
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