Regina v Jason Lisle JOHNSON [1999] NSWCCA 431

Regina v Jason Lisle JOHNSON [1999] NSWCCA 431

The effective sentence of penal servitude for six years for the seven indicted offences, with eighteen further offences taken into account, was not manifestly excessive having regard to the pattern and objective criminality of the offences, the applicant's antecedents, and the statutory maximum penalty. No error was shown in relation to the Drug Court Act 1998 (NSW): the Act was not yet in force on the sentencing date, the sentencing judge raised the possibility of Drug Court referral, no adjournment or effective application was made, and the applicant's representative appeared to decide to proceed with sentence in light of eligibility concerns concerning usual residence.

Jurisdiction
Australia
Judgment Date
16 December 1999
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Severity of Sentences in the Court of Criminal Appeal
Outcome
Leave granted to appeal against sentence; appeal dismissed.
Legal Topics
['break, Enter and Steal' 'pleas of Guilty' 'further Offences Taken Into Account' 'drug Court Referral' 'manifest Excess']
['criminal Law' 'sentencing'] ['break, Enter and Steal' 'pleas of Guilty' 'further Offences Taken Into Account' 'drug Court Referral' 'manifest Excess']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Severity of Sentences in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentences imposed for seven offences of breaking, entering and stealing, with eighteen further offences taken into account, were manifestly excessive.' 'Whether the sentencing judge erred by not assessing or referring the applicant for entry into the Drug Court under the Drug Court Act 1998 (NSW).']

Ratio Decidendi

The effective sentence of penal servitude for six years for the seven indicted offences, with eighteen further offences taken into account, was not manifestly excessive having regard to the pattern and objective criminality of the offences, the applicant's antecedents, and the statutory maximum penalty. No error was shown in relation to the Drug Court Act 1998 (NSW): the Act was not yet in force on the sentencing date, the sentencing judge raised the possibility of Drug Court referral, no adjournment or effective application was made, and the applicant's representative appeared to decide to proceed with sentence in light of eligibility concerns concerning usual residence.

Court Disposition

Leave granted to appeal against sentence; appeal dismissed.

Orders

  • ['Leave be granted to the applicant to appeal against the sentences passed upon him in the District Court.' 'The appeal against such sentences be dismissed.']