R v Johnston (a pseudonym) [No 2] [2019] NSWDC 410

R v Johnston (a pseudonym) [No 2] [2019] NSWDC 410

The aggregate sentence of sixteen years and six months, with a non-parole period of twelve years, was determined by weighing the objective seriousness of each offence, the offender's late but accepted responsibility, absence of criminal history, psychological assessment, individual victim impact, allowance for late pleas for some counts, application of standard non-parole periods, and parliamentary guidance, while promoting adequate punishment, deterrence, protection of the community, and proportionality.

Parties
Offender: Phillip Johnston (a pseudonym); Prosecutor: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
11 June 2019
Procedural Posture
Criminal / Sentencing After Jury Verdict and Plea to Further Counts
Outcome
Aggregate sentence of sixteen years and six months with a non parole period of twelve years.
Legal Topics
Sentencing, Child Sexual Offences, Indecent Assault, Standard Non Parole Periods, Aggregate Sentence
Criminal Law Sentencing Child Sexual Offences Indecent Assault Standard Non Parole Periods Aggregate Sentence

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Parties

Phillip Johnston (a pseudonym)

Offender

Director of Public Prosecutions

Prosecutor

Procedural Posture

Criminal / Sentencing After Jury Verdict and Plea to Further Counts

Legal Issues

  1. 1 Appropriate sentence for child sexual offences involving stepchild and other children
  2. 2 Application and relevance of standard non-parole periods for sexual and indecent assault offences
  3. 3 Assessment and synthesis of aggravating and mitigating factors for aggregate sentencing

Ratio Decidendi

The aggregate sentence of sixteen years and six months, with a non-parole period of twelve years, was determined by weighing the objective seriousness of each offence, the offender's late but accepted responsibility, absence of criminal history, psychological assessment, individual victim impact, allowance for late pleas for some counts, application of standard non-parole periods, and parliamentary guidance, while promoting adequate punishment, deterrence, protection of the community, and proportionality.

Court Disposition

Aggregate sentence of sixteen years and six months with a non parole period of twelve years.

Orders

  • Count 1 (s 66A): non-parole period of 10 years 3 months, total sentence 14 years.
  • Count 2 (s 66A): non-parole period of 9 years, total sentence 12 years.