R v Johns [2002] NSWCCA 185

R v Johns [2002] NSWCCA 185

The original non-parole period imposed by the sentencing judge was manifestly excessive when considering the applicant's age and subjective circumstances. The Court held that a non-parole period of five years would be appropriate. The Court further adjusted the fixed terms of sentences to account for this reduction and quashed and replaced the sentence on count 10 accordingly.

Jurisdiction
Australia
Judgment Date
15 May 2002
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Post Sentencing, Appeal Against Severity of Sentence
Outcome
Appeal allowed in part. Leave to appeal granted. Sentences on certain counts varied. Sentence on count 10 quashed and replaced. Applicant remains in prison. Eligibility for parole noted.
Legal Topics
['sentencing' 'principle of Totality' 'non Parole Period' 'young Offenders' 'remorse and Rehabilitation']
['criminal Law'] ['sentencing' 'principle of Totality' 'non Parole Period' 'young Offenders' 'remorse and Rehabilitation']

Case Brief

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal Post Sentencing, Appeal Against Severity of Sentence

Legal Issues

  1. 1 ["Whether the sentencing judge failed to give sufficient weight to the applicant's subjective circumstances" "Whether adequate consideration was given to the applicant's age, remorse, progress in rehabilitation, and principles of totality" 'Whether the non-parole period was manifestly excessive']

Ratio Decidendi

The original non-parole period imposed by the sentencing judge was manifestly excessive when considering the applicant's age and subjective circumstances. The Court held that a non-parole period of five years would be appropriate. The Court further adjusted the fixed terms of sentences to account for this reduction and quashed and replaced the sentence on count 10 accordingly.

Court Disposition

Appeal allowed in part. Leave to appeal granted. Sentences on certain counts varied. Sentence on count 10 quashed and replaced. Applicant remains in prison. Eligibility for parole noted.

Orders

  • ['Leave to appeal against sentences granted' 'Appeal allowed in part' 'Dismiss the appeals on counts 1, 2, 3 and 4 of the indictment of 28 September 1999 and counts 2, 3, 4, 5, 6, 7 and 8 of the indictment of 26 July 1999' 'Vary the commencing and expiry dates of the fixed terms on counts 9, 11, 12 and 13 of the...