Director of Public Prosecutions (NSW) v Johnson [2015] NSWLC 31

Director of Public Prosecutions (NSW) v Johnson [2015] NSWLC 31

In light of the offender's high moral culpability, aggravating factors including record of prior violence, conditional liberty, use of weapons, and the seriousness of domestic violence, a custodial aggregate sentence with a reduced non-parole period for special circumstances is warranted to meet principles of deterrence, denunciation, community protection, and totality.

Jurisdiction
Australia
Judgment Date
18 December 2015
Procedural Posture
Criminal / Sentence
Outcome
Offender sentenced to aggregate term of imprisonment; conviction on summary offence; extension of AVO.
Legal Topics
['sentencing' 'domestic Violence' 'breach of Avo' 'aggregate Sentences' 'general Deterrence' 'specific Deterrence' 'denunciation' 'protection of Community' 'principle of Totality' 'special Circumstances']
['criminal Law'] ['sentencing' 'domestic Violence' 'breach of Avo' 'aggregate Sentences' 'general Deterrence' 'specific Deterrence' 'denunciation' 'protection of Community' 'principle of Totality' 'special Circumstances']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Proper sentencing for multiple domestic violence related offences including breach of ADVO with violence, reckless wounding, intentionally choking a person, damaging property, and entering inclosed lands.' 'Appropriate application of sentencing principles such as general and specific deterrence, denunciation, totality, special circumstances, and the utilitarian value of guilty pleas.']

Ratio Decidendi

In light of the offender's high moral culpability, aggravating factors including record of prior violence, conditional liberty, use of weapons, and the seriousness of domestic violence, a custodial aggregate sentence with a reduced non-parole period for special circumstances is warranted to meet principles of deterrence, denunciation, community protection, and totality.

Court Disposition

Offender sentenced to aggregate term of imprisonment; conviction on summary offence; extension of AVO.

Orders

  • ['Offender sentenced to an aggregate term of imprisonment of 4 years from 18 December 2015 to 17 December 2019.' 'Non-parole period is 2 years and 6 months, from 18 December 2015 to 17 June 2018.' 'Inclosed lands offence: conviction recorded, no further penalty under s 10A Crimes (Sentencing Procedure) Act.' 'Final...