R v Johnson [2014] NSWSC 1254

Supreme Court New South Wales

Medium Neutral Citation: R v Johnson [2014] NSWSC 1254 Hearing dates: 5 September 2014 Decision date: 05 September 2014 Jurisdiction: Common Law - Criminal Before: Hamill J Decision: (1) The offender is sentenced to a non-parole period of 18 months commencing on 30 October 2012 and expiring on 29 April 2014 with an additional term of 8 months commencing on 30 April and expiring on 29 November 2014.

(2) The offender is to be released on parole at the expiration of the non-parole period. It is noted that the offender was released on 13 May 2014.

(3) The offender is to report to the Fairfield office of the Probation and parole Service within 7 days and is to accept the supervision and guidance of that service for the balance of term or for such shorter period as the service determines to be appropriate. Catchwords: CRIMINAL LAW - SENTENCE - accessory after the fact to murder - guilty plea entered at first reasonable opportunity - alternate charge to murder - joint trials separated - objective gravity of the offence - delay of investigation and prosecution - accessory in unexpected circumstances - assisting family members - motivations of misguided loyalty or emotional attachment - step towards disposal of a body - sentence imposed no longer than period of time spent in custody - below mid-range of objective criminality - general deterrence - low category for re-offending - absence of serious criminal record Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; (2010) 205 A Crim R 1 Hili v The Queen; Jones v The Queen [2010] HCA 45; (2010) 242 CLR 520 Kaminic v R [2014] NSWCCA 116 Postlewaight v R [2011] NSWSC 279 R v Cardoso [2003] NSWCCA 15 R v Cowen [2008] NSWSC 104 R v Deeble (Court of Criminal Appeal (NSW), 19 September 1991, unrep)R v Dileski [2002] NSWCCA 345; (2002) 132 A Crim R 408 R v English [2000] NSWCCA 245 R v Faulkner [2000] NSWSC 944 R v Foster (Court of Criminal Appeal (NSW),30 October 1996, unrep) R v Galea [2000] NSWSC 301 R v Henry [1999] NSWCCA 111; (1999) 46 NSWLR 346 R v Kari; R v H; R v Hamid [2008] NSWSC 993 R v McHugh (1985) 1 NSWLR 588 R v Newman [2004] NSWCCA 102; (2004) 145 A Crim R 361 R v Oinonen [1999] NSWCCA 310 R v Quach [2002] NSWSC 1205 R v RD [2014] NSWCCA 103 R v Reid (Court of Criminal Appeal (NSW), 26 March 1997, unrep) R v Urriola [2010] NSWSC 367 Category: Sentence Parties: Crown Mitchell Johnson (Offender) Representation: Counsel: L Lungo (Crown) J Spencer (Offender)