R v Kevin David Johnson [2007] NSWDC 211

R v Kevin David Johnson [2007] NSWDC 211

The assault was serious domestic violence involving repeated blows to the victim's head and body, and the two year head sentence was appropriate. However, the appellant should be given an opportunity for rehabilitation in the community under intensive supervision and strict parole conditions, so the non-parole period for assault occasioning actual bodily harm was reduced to 12 months. The sentences for resist arrest and intimidate police were not disturbed because they had been served and no submissions were advanced to alter them.

Jurisdiction
Australia
Judgment Date
03 September 2007
Procedural Posture
Criminal Severity Appeal From Local Court / Appeal in the District Court of New South Wales
Outcome
Severity appeal upheld in respect of the non-parole period for assault occasioning actual bodily harm; conviction and two year head sentence confirmed; severity appeals in respect of resist arrest and intimidate police dismissed.
Legal Topics
['severity Appeal' 'assault Occasioning Actual Bodily Harm' 'domestic Violence' 'resist Arrest' 'intimidate Police' 'parole Conditions' 'indigenous Offender']
['criminal Law' 'sentencing'] ['severity Appeal' 'assault Occasioning Actual Bodily Harm' 'domestic Violence' 'resist Arrest' 'intimidate Police' 'parole Conditions' 'indigenous Offender']

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Procedural Posture

Criminal Severity Appeal From Local Court / Appeal in the District Court of New South Wales

Legal Issues

  1. 1 ['Whether the non-parole period imposed for assault occasioning actual bodily harm should be reduced on a severity appeal.' 'Whether the sentences for resisting police and intimidating police officers should be disturbed.']

Ratio Decidendi

The assault was serious domestic violence involving repeated blows to the victim's head and body, and the two year head sentence was appropriate. However, the appellant should be given an opportunity for rehabilitation in the community under intensive supervision and strict parole conditions, so the non-parole period for assault occasioning actual bodily harm was reduced to 12 months. The sentences for resist arrest and intimidate police were not disturbed because they had been served and no submissions were advanced to alter them.

Court Disposition

Severity appeal upheld in respect of the non-parole period for assault occasioning actual bodily harm; conviction and two year head sentence confirmed; severity appeals in respect of resist arrest and intimidate police dismissed.

Orders

  • ['The appeal is upheld.' 'The conviction is confirmed.' 'The head sentence of two years is confirmed.' 'The non-parole period is reduced to 12 months, to date from 18 January 2007 and expire on 17 January 2008.' 'The appellant is to be released at the conclusion of the non-parole period subject to Probation and...