R v JOHNSON [2023] NSWDC 541

R v JOHNSON [2023] NSWDC 541

Given the seriousness of the offences, offender’s criminal history, need for general and specific deterrence, finding of special circumstances, presence of Bugmy factors to limited extent, and issues of parity, an aggregate custodial sentence is appropriate. Sentences reflect mid-range seriousness, discount for pleas, and accumulation where required. Driving disqualifications imposed and compensation ordered.

Jurisdiction
Australia
Judgment Date
05 December 2023
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and aggregate sentence imposed
Legal Topics
['sentencing' 'aggravated Break and Enter' 'destroy Property by Fire' 'police Pursuit' 'deterrence' 'parity' 'drug Use' 'institutionalisation']
['criminal Law'] ['sentencing' 'aggravated Break and Enter' 'destroy Property by Fire' 'police Pursuit' 'deterrence' 'parity' 'drug Use' 'institutionalisation']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for multiple offences including aggravated break and enter, destroy property by fire, drive manner dangerous in a police pursuit, and related charges' "Consideration of Bugmy factors and offender's subjective circumstances" 'Application of specific and general deterrence' 'Issues of parity with co-offender']

Ratio Decidendi

Given the seriousness of the offences, offender’s criminal history, need for general and specific deterrence, finding of special circumstances, presence of Bugmy factors to limited extent, and issues of parity, an aggregate custodial sentence is appropriate. Sentences reflect mid-range seriousness, discount for pleas, and accumulation where required. Driving disqualifications imposed and compensation ordered.

Court Disposition

Conviction and aggregate sentence imposed

Orders

  • ['Convicted on all matters to which guilty pleas were entered' 'Aggregate sentence of 5 years imprisonment with a non-parole period of 3 years and 3 months' 'Non-parole period from 30 December 2022 to 29 March 2026; balance of parole from 30 March 2026 to 29 December 2027' 'Release recommended at expiration of...