R v Johnson [2011] NSWDC 32

R v Johnson [2011] NSWDC 32

The offences were very serious because they involved twenty one sexual offences against six boys aged eleven and twelve over about five months, committed while the boys were under the offender's authority and in breach of trust. Although the offender's bipolar disorder, previous good character, prospects of rehabilitation and the conduct of the judge alone trial reduced the sentence that otherwise would have been imposed, the need for punishment, denunciation, deterrence and protection of children meant that a suspended sentence was inappropriate and full-time imprisonment was the only available sentence. The sentences were structured by grouping related offences concurrently and...

Jurisdiction
Australia
Judgment Date
24 March 2011
Procedural Posture
Criminal Sentence / Sentence After Conviction Following Judge Alone Trial
Outcome
Sentenced to an overall term of imprisonment consisting of a non-parole period of 5 years and a total term of 8 years.
Legal Topics
['aggravated Sexual Intercourse With Children' 'acts of Indecency With Children' 'offender Under Authority' 'mental Illness in Sentencing' 'female Sexual Offender' 'child Sexual Offences' 'totality' 'special Circumstances']
['criminal Law' 'sentencing'] ['aggravated Sexual Intercourse With Children' 'acts of Indecency With Children' 'offender Under Authority' 'mental Illness in Sentencing' 'female Sexual Offender' 'child Sexual Offences' 'totality' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentence After Conviction Following Judge Alone Trial

Legal Issues

  1. 1 ['What sentence should be imposed for twenty one child sexual offences committed by the offender against multiple boys under her authority.' "How the offender's bipolar disorder and rejected mental illness defence should affect moral culpability, deterrence and the weight of imprisonment." 'Whether a suspended sentence was appropriate or whether full-time imprisonment was required.' 'How to structure concurrent and accumulated sentences for multiple offences consistently with totality and special circumstances.']

Ratio Decidendi

The offences were very serious because they involved twenty one sexual offences against six boys aged eleven and twelve over about five months, committed while the boys were under the offender's authority and in breach of trust. Although the offender's bipolar disorder, previous good character, prospects of rehabilitation and the conduct of the judge alone trial reduced the sentence that otherwise would have been imposed, the need for punishment, denunciation, deterrence and protection of children meant that a suspended sentence was inappropriate and full-time imprisonment was the only available sentence. The sentences were structured by grouping related offences concurrently and...

Court Disposition

Sentenced to an overall term of imprisonment consisting of a non-parole period of 5 years and a total term of 8 years.

Orders

  • ['On charge 1, convicted and sentenced to imprisonment consisting of a non-parole period of 1 year and 2 months and a total term of 2 years, both to date from 21 March 2011.' 'On charges 2, 4, 5, 6, 7 and 8 concurrently, convicted and sentenced to imprisonment consisting of a non-parole period of 3 years and 8...