R v Johnson (No 8) [2019] NSWSC 613

Supreme Court New South Wales

Medium Neutral Citation: R v Johnson (No 8) [2019] NSWSC 613 Hearing dates: 10 May 2019 Date of orders: 24 May 2019 Decision date: 24 May 2019 Jurisdiction: Common Law Before: Campbell J Decision: For the common assault of Scott Campbell on 29 June 2017 convicted and sentenced to a fixed term of imprisonment of 10 months, commencing on 29 June 2017 and expiring on 28 April 2018.

For the murder of David Morrison sentenced to a total term of imprisonment of 26 years and six months, having a non-parole period of 20 years, commencing on 29 September 2017 and expiring on 28 September 2037 with an additional term of 6 years and 6 months commencing on 29 September 2037 and expiring on 28 March 2044. You will first be eligible for parole after the expiration of the non-parole period on 28 September 2037. Catchwords: CRIMINAL LAW – Sentencing – murder – considerations for court to take into account – criminal record – moral culpability – requirement not to impose fresh penalty for past offending – requirement to give full weight to profound childhood deprivation – contrition and remorse – not made out on balance of probabilities – limited prospects of rehabilitation – recidivous homicide – absence of remorse – danger presented to society – requirement that facts relied upon in sentencing must be established beyond reasonable doubt

CRIMINAL LAW – Principles of sentencing – denunciation – retribution – general deterrence – specific deterrence attenuated by moral culpability

SENTENCING – Special circumstances – whether statutory ratio between the non-parole period and additional term to be altered – statutory ratio maintained – non-parole period 20 years – additional term 6 years Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21, 21A, 22, 22A, 61 Crimes Act 1900 (NSW), ss 19A, Crimes (High Risk Offenders Act) 2006 (NSW) Cases Cited: Bugmy v The Queen (2012) 249 CLR 571; [2013] HCA 37 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 R v Fernando (1992) 76 A Crim R 58 R v Herne [2001] NSWCCA 37 R v Hines (No 3) [2014] NSWSC 1273 R v Johnson (No 7) [2019] NSWSC 148 Veen v The Queen (No 2) (1988) 164 CLR 467 Versluys v R [2014] NSWCCA 98 Category: Sentence Parties: Regina (Crown) Douglas Johnson (Accused) Representation: Counsel: G.J. Tabuteau (Crown) E. Ozen SC (Defence)