R v Johnson (No 5) [2017] NSWSC 1169

R v Johnson (No 5) [2017] NSWSC 1169

A serious, violent, spontaneous act of manslaughter following loss of temper in public justified a six-year term of imprisonment with a four-year non-parole period, taking into account the offender's background, offer to plead guilty, intention to assist authorities, remorse, and special circumstances due to entrenched disadvantage and prospects of rehabilitation.

Parties
Prosecutor: Regina; Offender: Steven John Johnson
Jurisdiction
Australia
Judgment Date
01 September 2017
Procedural Posture
Criminal / Sentencing After Jury Verdict
Outcome
Offender convicted. Sentenced to 6 years' imprisonment from 17 May 2015, expiring 16 May 2021, with non-parole period of 4 years, earliest possible parole on 16 May 2019.
Legal Topics
Sentencing, Manslaughter, Unlawful and Dangerous Act, Utilitarian Discount, Assistance to Authorities, Special Circumstances, Aboriginal Offenders
Criminal Law Sentencing Manslaughter Unlawful and Dangerous Act Utilitarian Discount Assistance to Authorities Special Circumstances Aboriginal Offenders

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Parties

Regina

Prosecutor

Steven John Johnson

Offender

Procedural Posture

Criminal / Sentencing After Jury Verdict

Legal Issues

  1. 1 Appropriate sentence for manslaughter following acquittal on murder charge
  2. 2 Whether utilitarian discount applies for pre-trial plea offer
  3. 3 Whether further discount is appropriate for promised assistance to authorities

Ratio Decidendi

A serious, violent, spontaneous act of manslaughter following loss of temper in public justified a six-year term of imprisonment with a four-year non-parole period, taking into account the offender's background, offer to plead guilty, intention to assist authorities, remorse, and special circumstances due to entrenched disadvantage and prospects of rehabilitation.

Court Disposition

Offender convicted. Sentenced to 6 years' imprisonment from 17 May 2015, expiring 16 May 2021, with non-parole period of 4 years, earliest possible parole on 16 May 2019.

Orders

  • Offender convicted of manslaughter.
  • Imprisonment for 6 years from 17 May 2015 to 16 May 2021.