R v Johnson [2020] NSWDC 820

R v Johnson [2020] NSWDC 820

Given the offender's commission of the offence while subject to three forms of conditional liberty, extensive criminal history, history of drug dependency, institutionalisation, and deprived upbringing, with the offence falling at the lower end of objective seriousness, a custodial sentence reflecting these factors with recognition of special circumstances is warranted. Referral to Drug Court is not possible from this Court.

Jurisdiction
Australia
Judgment Date
22 October 2020
Procedural Posture
Criminal / Sentencing
Outcome
Guilty plea accepted; sentenced to imprisonment.
Legal Topics
['sentencing' 'break, Enter and Steal' 'breach of Parole' 'mitigating and Aggravating Factors' 'special Circumstances' 'drug Dependency']
['criminal Law'] ['sentencing' 'break, Enter and Steal' 'breach of Parole' 'mitigating and Aggravating Factors' 'special Circumstances' 'drug Dependency']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for the offence of break, enter and steal committed while on conditional liberty?' "Should special circumstances be found in sentencing given the offender's history and institutionalisation?" 'Is referral to the Drug Court for a Compulsory Drug Treatment Order appropriate?' 'How do factors such as delay, drug dependency, and upbringing affect sentencing?' 'Are prospects for rehabilitation and contrition relevant mitigating factors in this case?']

Ratio Decidendi

Given the offender's commission of the offence while subject to three forms of conditional liberty, extensive criminal history, history of drug dependency, institutionalisation, and deprived upbringing, with the offence falling at the lower end of objective seriousness, a custodial sentence reflecting these factors with recognition of special circumstances is warranted. Referral to Drug Court is not possible from this Court.

Court Disposition

Guilty plea accepted; sentenced to imprisonment.

Orders

  • ['Convicted of break, enter and steal.' "Sentenced to two years and three months' imprisonment: non-parole period 12 months, commencing 16 July 2020 (expires 15 July 2021), balance expires 15 October 2022." 'Finding of special circumstances under s 44 Crimes (Sentencing Procedure) Act 1999.' 'Referral to Drug Court...