R v Johnston [2019] NSWDC 607

R v Johnston [2019] NSWDC 607

Aggregate sentence imposed based upon the objective seriousness of two offences (intimidation and aggravated break and enter and commit serious indictable offence), mitigated by findings regarding offender's history, mental health, and trauma profile, further reduced by a 25% discount for early guilty plea. Indicative sentences stated for each charge, and parole periods fixed in accordance with statutory requirements and submissions about prospects of rehabilitation.

Parties
Crown: Regina; Offender: Sarah Lee Johnston
Jurisdiction
Australia
Judgment Date
20 September 2019
Procedural Posture
Criminal / Sentence
Outcome
Aggregate term of imprisonment imposed: 5 years 6 months with a non-parole period of 4 years.
Legal Topics
Intimidation, Aggravated Break and Enter, Sentencing Principles, Moral Culpability, Mental Health and Rehabilitation, Discount for Plea
Criminal Law Intimidation Aggravated Break and Enter Sentencing Principles Moral Culpability Mental Health and Rehabilitation Discount for Plea

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Parties

Regina

Crown

Sarah Lee Johnston

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Sentencing for intimidation contrary to s13(1) Crimes (Domestic and Personal Violence) Act 2007 (NSW)
  2. 2 Sentencing for aggravated break and enter and commit serious indictable offence contrary to s112(2) Crimes Act 1900 (NSW)
  3. 3 Assessment of moral culpability and application of principles in R v Bugmy

Ratio Decidendi

Aggregate sentence imposed based upon the objective seriousness of two offences (intimidation and aggravated break and enter and commit serious indictable offence), mitigated by findings regarding offender's history, mental health, and trauma profile, further reduced by a 25% discount for early guilty plea. Indicative sentences stated for each charge, and parole periods fixed in accordance with statutory requirements and submissions about prospects of rehabilitation.

Court Disposition

Aggregate term of imprisonment imposed: 5 years 6 months with a non-parole period of 4 years.

Orders

  • Sarah Lee Johnston sentenced to aggregate term of imprisonment of 5 years and 6 months.
  • Non-parole period fixed at 4 years imprisonment, to date from 4 February 2019 and expire 3 February 2023.