Regina v Johnston [2002] NSWCCA 201

Regina v Johnston [2002] NSWCCA 201

Error was demonstrated in the fixing of the parole period, which was significantly less than that provided by the statutory ratio, and insufficient consideration was given to the need for rehabilitation and supervision upon release. The parole period should be increased to allow adequate conditional liberty for rehabilitation and treatment, given the high risk of re-offending and medical evidence.

Parties
Appellant: Regina; Respondent: Peter Phillip Johnston
Jurisdiction
Australia
Judgment Date
03 June 2002
Procedural Posture
Criminal Appeal / Sentencing Appeal
Outcome
Appeal allowed in part
Legal Topics
Sentencing, Serious Sexual Offences, Break and Enter, Parole, Plea of Guilty, Special Circumstances
Criminal Law Sentencing Serious Sexual Offences Break and Enter Parole Plea of Guilty Special Circumstances

Case Brief

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Parties

Regina

Appellant

Peter Phillip Johnston

Respondent

Procedural Posture

Criminal Appeal / Sentencing Appeal

Legal Issues

  1. 1 Whether the sentencing regime allowed sufficient time on parole for rehabilitation given the seriousness and number of offences
  2. 2 Whether the sentencing judge failed to give proper consideration to the discount for pleas of guilty
  3. 3 Whether inadequate weight was given to the applicant serving his sentence in protection

Ratio Decidendi

Error was demonstrated in the fixing of the parole period, which was significantly less than that provided by the statutory ratio, and insufficient consideration was given to the need for rehabilitation and supervision upon release. The parole period should be increased to allow adequate conditional liberty for rehabilitation and treatment, given the high risk of re-offending and medical evidence.

Court Disposition

Appeal allowed in part

Orders

  • Sentences below in relation to counts 2 and 11 quashed
  • Applicant re-sentenced on count 2 to imprisonment for seven years commencing 4 July 2012, expiring 3 July 2019, with a non-parole period of one year and six months (4 July 2012 to 3 January 2014)