Johnson v R [2020] NSWCCA 126

Johnson v R [2020] NSWCCA 126

The sentencing judge clearly found that the applicant was suffering from serious mental illness at the time of the offences, that the illness was causally related to the offending to a significant extent, and that moral culpability was substantially reduced. The judge was not required to quantify further how moral culpability reduced objective seriousness, and the challenged assessments were open. The aggregate sentence was not manifestly excessive because, despite the applicant's mental illness, the offending involved a prolonged course of extremely dangerous driving of a 42 tonne truck over more than 100 kilometres, multiple injured victims, serious risk to police and the public, and...

Jurisdiction
Australia
Judgment Date
15 June 2020
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Aggregate Sentence Imposed in the District Court; Leave Granted and Appeal Determined
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['objective Seriousness' 'mental Illness and Moral Culpability' 'manifest Excess' 'aggregate Sentence' 'police Pursuit and Dangerous Driving' 'totality' 'special Circumstances']
['criminal Law' 'sentencing' 'criminal Appeals'] ['objective Seriousness' 'mental Illness and Moral Culpability' 'manifest Excess' 'aggregate Sentence' 'police Pursuit and Dangerous Driving' 'totality' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Aggregate Sentence Imposed in the District Court; Leave Granted and Appeal Determined

Legal Issues

  1. 1 ["Whether the sentencing judge erred in assessing the objective seriousness of the offences by failing to take the applicant's mental illness sufficiently or overtly into account." 'Whether the aggregate sentence of imprisonment for 12 years and 6 months with a non-parole period of 6 years and 6 months was manifestly excessive.' 'Whether the indicative sentences and the degree of notional accumulation demonstrated error in the aggregate sentence.']

Ratio Decidendi

The sentencing judge clearly found that the applicant was suffering from serious mental illness at the time of the offences, that the illness was causally related to the offending to a significant extent, and that moral culpability was substantially reduced. The judge was not required to quantify further how moral culpability reduced objective seriousness, and the challenged assessments were open. The aggregate sentence was not manifestly excessive because, despite the applicant's mental illness, the offending involved a prolonged course of extremely dangerous driving of a 42 tonne truck over more than 100 kilometres, multiple injured victims, serious risk to police and the public, and...

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Leave to appeal against sentence granted.' 'Appeal dismissed.']