R v Johnston [2017] NSWDC 176

R v Johnston [2017] NSWDC 176

The appropriate sentence for Mr Johnston is influenced by his disadvantaged background, the relatively lower objective seriousness of the commercial property offences, significant special circumstances, early plea of guilty, and his prospects for rehabilitation. An aggregate term of imprisonment is warranted, consisting of a non-parole period of three years and a head sentence of five and a half years, backdated to account for time in custody since 18 May 2016.

Jurisdiction
Australia
Judgment Date
05 May 2017
Procedural Posture
Criminal / Sentencing
Outcome
Sentenced to an aggregate term of imprisonment consisting of a non-parole period of three years and a head sentence of five and a half years.
Legal Topics
['sentence' 'form 1' 'aggravated Break, Enter and Steal' 'conditional Liberty' 'disadvantaged Upbringing' 'parole Revocation']
['criminal Law'] ['sentence' 'form 1' 'aggravated Break, Enter and Steal' 'conditional Liberty' 'disadvantaged Upbringing' 'parole Revocation']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for Shane Michael Johnston for break, enter and steal and aggravated break, enter and steal?' "How does the offender's disadvantaged upbringing and history of conditional liberty affect sentencing?" "What weight should be given to Mr Johnston's prospects for rehabilitation, remorse, and guilty plea?"]

Ratio Decidendi

The appropriate sentence for Mr Johnston is influenced by his disadvantaged background, the relatively lower objective seriousness of the commercial property offences, significant special circumstances, early plea of guilty, and his prospects for rehabilitation. An aggregate term of imprisonment is warranted, consisting of a non-parole period of three years and a head sentence of five and a half years, backdated to account for time in custody since 18 May 2016.

Court Disposition

Sentenced to an aggregate term of imprisonment consisting of a non-parole period of three years and a head sentence of five and a half years.

Orders

  • ['A non-parole period of three years to commence from 18 May 2016 with a head sentence of five and a half years.' 'Mr Johnston will be eligible for release on 17 May 2019.' 'Recommendation that parole authorities consider matters suggested by the psychologist.' 'A copy of the psychological report be attached to the...