R v Johnson (No 5) [2017] NSWSC 1169

Supreme Court New South Wales

Medium Neutral Citation: R v Johnson (No 5) [2017] NSWSC 1169 Hearing dates: 30 August 2017 Date of orders: 01 September 2017 Decision date: 01 September 2017 Jurisdiction: Common Law Before: Button J Decision: Convicted. Sentenced to imprisonment for 6 years to date from 17 May 2015 and expire on 16 May 2021, comprising a non-parole period of 4 years followed by a balance of the term of sentence of 2 years. The first date upon which the offender will become eligible for possible release to parole is 16 May 2019. Catchwords: SENTENCE — manslaughter — unlawful and dangerous act — offender found not guilty of murder but guilty of manslaughter after trial by jury — other factors besides assault substantially contributed to death — offer to plead guilty to manslaughter before trial — Aboriginal offender with criminal record for violence — offer to give evidence with regard to offending of another person — sentence imposed Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW); s 25C Crimes (Sentencing Procedure) Act 1999 (NSW); ss 21A(3)(i), 23 Cases Cited: Bugmy v the Queen (2013) 249 CLR 571; [2013] HCA 37 R v Cardoso [2003] NSWCCA 15 R v Isaacs (1997) 41 NSWLR 374 R v Manevski [2016] NSWSC 1465 R v Oinonen [1999] NSWCCA 310 R v Previtera (1997) 94 A Crim R 76 R v XX [2017] NSWCCA 90 RJT v R [2012] NSWCCA 280 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 The Queen v De Simoni (1981) 147 CLR 383; [1981] HCA 31 Category: Sentence Parties: Regina Steven John Johnson Representation: Counsel: Mr L. Carr (Crown) Mr D. Carroll (Offender)