Johnson, Mark Anthony Wilford v R [2017] NSWCCA 43

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Johnson, Mark Anthony Wilford v R [2017] NSWCCA 43 Hearing dates: 22 February 2017 Decision date: 22 March 2017 Before: Hoeben CJ at CL at [1]; Latham J at [2]; Price J at [28] Decision: 1. Leave to rely on Ground One is refused. 2. Leave to rely on Ground Two is granted, appeal dismissed. 3. Leave to rely on Ground Three is granted, appeal dismissed. 4. Appeal against sentence is dismissed. Catchwords: CRIMINAL LAW – appeal against sentence – supply prohibited drug – possess unauthorised pistol - where the sentencing judge failed to have proper regard to the lack of a significant record – where the sentencing judge erred in announcing an indicative sentence prior to applying a discount of a plea of guilty – where the sentence was manifestly excessive – appeal dismissed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Weininger v R [2003] HCA 14; 212 CLR 629 Markarian v R [2005] HCA 25; 228 CLR 357 SHR v R [2014] NSWCCA 94; 241 A Crim R 544 Hili v The Queen, Jones v The Queen [2010] HCA 45; 242 CLR 520 Category: Principal judgment Parties: Appellant: Mark Anthony Wilford Johnson Respondent: Regina Representation: Counsel: K. Averre (Appellant) H. Roberts (Respondent)

Solicitors: B. Duchen (Appellant) C. Hyland (Director of Public Prosecutions NSW) File Number(s): 2013/281429 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 30 October 2015 Before: Bennett DCJ File Number(s): 2013/281429