Regina v Johnson [2004] NSWCCA 341

Regina v Johnson [2004] NSWCCA 341

The sentencing judge properly took the guilty plea into account, was not required to quantify the discount, and the sentence was not manifestly excessive given the applicant's criminal record and re-offending during conditional liberty.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
27 September 2004
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal Against Severity of Sentence
Outcome
Leave to appeal granted; Appeal dismissed.
Legal Topics
['receiving Stolen Goods' 'plea of Guilty' 'sentencing' 'appeal Against Severity of Sentence' 'utilitarian Value of Plea' 'manifestly Excessive Sentence']
['criminal Law'] ['receiving Stolen Goods' 'plea of Guilty' 'sentencing' 'appeal Against Severity of Sentence' 'utilitarian Value of Plea' 'manifestly Excessive Sentence']

Source-derived case record

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Procedural Posture

Criminal Appeal / Leave to Appeal and Appeal Against Severity of Sentence

Legal Issues

  1. 1 ['whether sentencing judge properly considered utilitarian value of guilty plea' 'whether sentence was manifestly excessive']

Ratio Decidendi

The sentencing judge properly took the guilty plea into account, was not required to quantify the discount, and the sentence was not manifestly excessive given the applicant's criminal record and re-offending during conditional liberty.

Court Disposition

Leave to appeal granted; Appeal dismissed.

Orders

  • ['Leave to appeal is granted.' 'The appeal against the severity of sentence is dismissed.']