R v Johnson [2015] NSWSC 31

R v Johnson [2015] NSWSC 31

The offender was sentenced on the basis that he intended to inflict grievous bodily harm, not to kill. The sustained and brutal domestic violence assault on a defenceless, intoxicated victim in a home where she was entitled to feel safe placed the offence within the mid-range of objective seriousness. The guilty plea, remorse and reduced moral culpability arising from early exposure to alcohol, drugs and extreme domestic violence justified a sentence below the standard non-parole period, but the seriousness of murder, the repeated domestic violence, the need for denunciation, retribution and general and specific deterrence required a lengthy custodial sentence.

Jurisdiction
Australia
Judgment Date
05 February 2015
Procedural Posture
Criminal Sentence for Murder, With a Form 1 Matter of Assault Occasioning Actual Bodily Harm Taken Into Account / Sentencing After Plea of Guilty
Outcome
The offender was convicted of murder, with the Form 1 offence of assault occasioning actual bodily harm taken into account, and sentenced to an aggregate term of 21 years imprisonment with a non-parole period of 15 years and 9 months.
Legal Topics
['murder' 'domestic Violence' 'intention to Inflict Grievous Bodily Harm' 'plea of Guilty Discount' 'objective Seriousness' 'moral Culpability Arising From Childhood Exposure to Alcohol, Drugs and Violence' 'general Deterrence' 'specific Deterrence' 'victim Impact Statements' 'self Induced Intoxication']
['criminal Law' 'sentencing'] ['murder' 'domestic Violence' 'intention to Inflict Grievous Bodily Harm' 'plea of Guilty Discount' 'objective Seriousness' 'moral Culpability Arising From Childhood Exposure to Alcohol, Drugs and Violence' 'general Deterrence' 'specific Deterrence' 'victim Impact Statements' 'self Induced Intoxication']

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Procedural Posture

Criminal Sentence for Murder, With a Form 1 Matter of Assault Occasioning Actual Bodily Harm Taken Into Account / Sentencing After Plea of Guilty

Legal Issues

  1. 1 ['Whether the offender should be sentenced on the basis of an intention to kill or an intention to inflict grievous bodily harm.' 'Whether loss of self-control mitigated the objective criminality of the offence.' "Whether early exposure to alcohol-fuelled violence, drugs and domestic violence reduced the offender's moral culpability." 'Whether the offence fell within the middle range of objective seriousness for murder under s 54A Crimes (Sentencing Procedure) Act 1999 (NSW).' 'What weight should be given to general deterrence, specific deterrence, retribution, remorse, rehabilitation, the guilty plea and the Form 1 matter.']

Ratio Decidendi

The offender was sentenced on the basis that he intended to inflict grievous bodily harm, not to kill. The sustained and brutal domestic violence assault on a defenceless, intoxicated victim in a home where she was entitled to feel safe placed the offence within the mid-range of objective seriousness. The guilty plea, remorse and reduced moral culpability arising from early exposure to alcohol, drugs and extreme domestic violence justified a sentence below the standard non-parole period, but the seriousness of murder, the repeated domestic violence, the need for denunciation, retribution and general and specific deterrence required a lengthy custodial sentence.

Court Disposition

The offender was convicted of murder, with the Form 1 offence of assault occasioning actual bodily harm taken into account, and sentenced to an aggregate term of 21 years imprisonment with a non-parole period of 15 years and 9 months.

Orders

  • ['For the murder of Cheree Anne Lawson and taking into account the offence of assault occasioning actual bodily harm, Dale Ryan Johnson is convicted.' 'The offender is sentenced to a non-parole period of 15 years and 9 months commencing on 12 March 2013 and expiring on 11 December 2028.' 'There will be a balance of...