R v Johnson [2004] NSWCCA 140

R v Johnson [2004] NSWCCA 140

The Crown did not establish reversible error in the sentencing judge's assessment of objective seriousness, application of the standard non-parole period provisions, or finding of special circumstances. Although the sentences were lenient and possibly manifestly inadequate, factors including delay in notifying the respondent of the appeal, the Crown's concession at sentence about objective gravity, and the disparity with the co-offender's treatment justified exercising the Court's discretion not to intervene. The Crown appeal was dismissed.

Jurisdiction
Australia
Judgment Date
11 May 2004
Procedural Posture
Crown Appeal Against Sentence / Appeal to the New South Wales Court of Criminal Appeal From Sentences Imposed in the District Court Following Pleas of Guilty
Outcome
Crown appeal dismissed
Legal Topics
['crown Appeal Against Sentence' 'break, Enter and Steal in Circumstances of Aggravation' 'break and Enter a Place of Divine Worship With Intent to Steal' 'standard Non Parole Periods' 'objective Seriousness' 'special Circumstances' 'manifest Inadequacy']
['criminal Law' 'sentencing'] ['crown Appeal Against Sentence' 'break, Enter and Steal in Circumstances of Aggravation' 'break and Enter a Place of Divine Worship With Intent to Steal' 'standard Non Parole Periods' 'objective Seriousness' 'special Circumstances' 'manifest Inadequacy']

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Procedural Posture

Crown Appeal Against Sentence / Appeal to the New South Wales Court of Criminal Appeal From Sentences Imposed in the District Court Following Pleas of Guilty

Legal Issues

  1. 1 ['Whether the sentencing judge erred in finding that the West Hoxton offence lay towards the bottom end of the range of objective seriousness.' 'Whether the sentencing judge misapplied Part 4 Division 1A of the Crimes (Sentencing Procedure) Act 1999 concerning standard non-parole periods.' 'Whether the finding of special circumstances under s44(2) of the Crimes (Sentencing Procedure) Act 1999 was open.' 'Whether the sentences imposed were manifestly inadequate and, if so, whether the Court should exercise its discretion to intervene on a Crown appeal.']

Ratio Decidendi

The Crown did not establish reversible error in the sentencing judge's assessment of objective seriousness, application of the standard non-parole period provisions, or finding of special circumstances. Although the sentences were lenient and possibly manifestly inadequate, factors including delay in notifying the respondent of the appeal, the Crown's concession at sentence about objective gravity, and the disparity with the co-offender's treatment justified exercising the Court's discretion not to intervene. The Crown appeal was dismissed.

Court Disposition

Crown appeal dismissed

Orders

  • ['Crown appeal dismissed']