Johnson v Regina [2009] NSWCCA 204

New South Wales Court of Criminal Appeal

CITATION: Johnson v Regina [2009] NSWCCA 204

HEARING DATE(S): 7 August 2009

JUDGMENT DATE: 25 August 2009

JUDGMENT OF: McClellan CJatCL at 1; Howie J at 2; Hoeben J at 3

Leave to appeal granted. Appeal allowed. DECISION: The sentence passed by his Honour in respect of offence (1) is confirmed. The sentence passed by his Honour in respect of offence (2) is quashed and in lieu thereof the applicant is sentenced to a term of imprisonment with a non-parole period of 3 years, commencing 17 January 2007 and expiring 16 January 2010 with a balance of term of 1 year expiring 16 January 2011. The sentence passed by his Honour in respect of offence (3) is quashed and in lieu thereof the applicant is sentenced to a term of imprisonment with a non-parole period of 3 years and 6 months commencing 17 July 2008 and expiring 16 January 2012 with a balance of term of 1 year and 6 months expiring 16 July 2013. His Honour's sentence in respect of offence (4) is quashed and in lieu thereof the applicant is sentenced to imprisonment with a non-parole period of 4 years commencing 17 July 2008 and expiring 16 July 2012 with a balance of term of 4 years expiring 16 July 2016.

CATCHWORDS: CRIMINAL LAW - sentence - multiple offences of aggravated break enter and steal - whether sentences manifestly excessive - principle of parity - comparison between sentences passed in Children's Court - whether accumulation was appropriate.

LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

CATEGORY: Principal judgment

Attorney General's Application Number 1 of 2002 [2002] NSWCCA 518; (2002) 56 NSWLR 146 Marshall v R [2007] NSWCCA 24 at [34] – [39] Mulato v Regina [2006] NSWCCA 282 CASES CITED : Pearce v The Queen (1998) 194 CLR 610 R v Colgan [1999] NSWCCA 292 R v Govinden [1999] NSWCCA 118 R v Way (2004) 60 NSWLR 168