R v Johnson [2011] NSWDC 32

District Court New South Wales

Medium Neutral Citation: R v Johnson [2011] NSWDC 32 Hearing dates: 30/11/10 to 3/12/10, 10/12/10, 21/3/11 Decision date: 24 March 2011 Jurisdiction: Criminal Before: A.F. Garling DCJ Decision: Sentenced to an overall term of imprisonment consisting of a non-parole period of 5 years and a total term of 8 years. Catchwords: CRIMINAL LAW - sentence - female sexual offender - aggravated sexual intercourse and acts of indecency - under authority - multiple male victims - ss66C and 61O -conviction after Judge alone trial - defence of mental illness rejected. Legislation Cited: Crimes Act 1900 ss66C(2) and (5)(d) and 61O Child Protection (Offenders Registration) Act 2000 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Heatley [2006] NSWSC 1199 Veen v R (No. 2) R v Evans unreported decision NSWCCA 24 March 1988 R v Rapley [1999] NSWCCA 302 R v Leigh [1996] QCA 058 R v Howell [2007] VSCA 119 Category: Sentence Parties: Regina Cassandra Johnson Representation: Ms. K. Shead (Crown) Mr. C. Watson (Offender) File Number(s): 2010/17810 Publication restriction: Anything which would identify the victims and the school.

Judgment The offender has been found guilty of twenty one counts on an indictment after a judge alone trial. She appears today for sentence. Those twenty one charges are as follows, however, I will in some parts summarise them as they all follow fairly standard wording: 1Between 29 January 2009 and 8 April 2009 at Moss Vale in the state of New South Wales she committed an act of indecency with JP, a person then under the age of sixteen years, in circumstances of aggravation, namely that he was under the authority of the offender. 2On 20 March 2009 at Moss Vale she had sexual intercourse with JP, a person then above the age of ten years and under the age of fourteen years, in circumstances of aggravation, namely that he was under the authority of the offender. 3On 31 March 2009 at Moss Vale she committed an act of indecency with FD a person then under the age of sixteen years in circumstances of aggravation, namely that he was under her authority. 4On 17 May 2009 at Moss Vale, she had sexual intercourse with JP in identical terms to that which I have set out before. 5On 17 May 2009 at Moss Vale, she had sexual intercourse with TS, a person then above the age of ten years and under the age of fourteen years, in circumstances of aggravation, namely that he was under her authority. 6On 17 May 2009, she had sexual intercourse with OL, a person then above the age of ten years and under the age of fourteen years, in circumstances of aggravation, namely that he was under her authority. 7On 17 May 2009, she had sexual intercourse with JM, a person then above the age of ten years and under the age of fourteen years, in circumstances of aggravation, namely that he was under her authority. 8On 17 May 2009, she had sexual intercourse with JP in identical terms as set out earlier. 9On or about 17 May 2009, she had sexual intercourse with AC, a person then above the age of ten years and under the age of fourteen years, in circumstances of aggravation, namely that he was under her authority. 10On or about 17 May 2009, she had sexual intercourse with FD, a person then above the age of ten years and under the age of fourteen years, in circumstances of aggravation, namely that he was under her authority. 11On or about 17 May 2009, she had sexual intercourse with FD in identical terms to the one above. 12On or about 17 May 2009, she had sexual intercourse with AC, a person then above the age of ten years and under the age of fourteen years, in circumstances of aggravation, namely that he was under her authority. 13Between 1 February 2009 and 30 June 2009 at Moss Vale, she had sexual intercourse with OL, a person then above the age of ten years and under the age of fourteen years, in circumstances of aggravation, namely that he was under her authority. 14Between the same dates she had sexual intercourse with JP in identical terms to the other charges. 15Between the same dates she had sexual intercourse with TS in identical terms to the other charges. 16On 29 May 2009, she had sexual intercourse with OL, a person then above the age of ten years and under the age of fourteen years, in circumstances of aggravation, namely that he was under her authority. 17On 31 May 2009, she had sexual intercourse with OL in identical terms to the other charges. 18On 28 June 2009, she committed an act of indecency with AC, a person then under the age of sixteen years, in circumstances of aggravation, namely, that he was under her authority. 19Between 21 March 2009 and 27 June 2009, she had sexual intercourse with FD in identical terms to those charged before. 20Between 21 March 2009 and 27 June 2009, she had sexual intercourse with AC, again in identical terms to those charged before. 21Between 2 January 2009 and 2 July 2009, she had sexual intercourse with JM, a person then above the age of ten years and under the age of fourteen years, in circumstances of aggravation, namely that he was under her authority. 22Those counts pursuant to s 61O(1) and s 61O(3)(b) carry a maximum penalty of five years imprisonment. Those counts pursuant to 66C(2), 66C(5)(d) carry a maximum penalty of twenty years imprisonment. There are no standard nonparole periods. 23The facts were agreed. They are these.