Johan v R [2019] NSWCCA 126

Johan v R [2019] NSWCCA 126

The sentencing judge erred in failing to give effect to his finding about delay impacting remand conditions, which justified a reduction in non-parole period. Parity considerations support imposing a sentence similar to co-offenders, and the applicant is entitled to a discount for early guilty plea.

Jurisdiction
Australia
Judgment Date
21 June 2019
Procedural Posture
Criminal Appeal / Appeal Against Sentence in Court of Criminal Appeal
Outcome
Appeal allowed; applicant resentenced
Legal Topics
['appeal Against Sentence' 'aggravated Break, Enter and Steal' 'joint Criminal Enterprise' 'effect of Delay on Non Parole Period' 'assessment of Subjective Case' 'parity in Sentencing']
['criminal Law'] ['appeal Against Sentence' 'aggravated Break, Enter and Steal' 'joint Criminal Enterprise' 'effect of Delay on Non Parole Period' 'assessment of Subjective Case' 'parity in Sentencing']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Appeal Against Sentence in Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in failing to give effect to his finding that he would take into account the effect of delay when fixing the non-parole period' 'Whether parity requires similar sentences to co-offenders despite different subjective circumstances']

Ratio Decidendi

The sentencing judge erred in failing to give effect to his finding about delay impacting remand conditions, which justified a reduction in non-parole period. Parity considerations support imposing a sentence similar to co-offenders, and the applicant is entitled to a discount for early guilty plea.

Court Disposition

Appeal allowed; applicant resentenced

Orders

  • ['Leave granted to appeal out of time.' 'Leave to appeal granted.' 'Appeal allowed.' 'Sentence imposed by Blackmore SC DCJ on 23 June 2017 upon Mr Johan set aside.' 'Mr Johan is resentenced to an aggregate period of imprisonment of 5 years and 8 months commencing on 17 September 2015 and expiring on 16 May 2021.'...