Johan v R [2015] NSWCCA 58
1 judgment
Johan v R [2015] NSWCCA 58
ChapterSerious violence and firearms offences – childhood of extreme abuse and neglect resulting in early removal and out of home care – difficult sentencing exercise – balancing mitigating factors with seriousness of offences
Coram: Schmidt J, Hoeben CJ at CL agreeing, Simpson J dissenting
- Description of background of young Aboriginal offender revealed extreme neglect resulting in removal from mother’s care at 2 years – exposure to itinerant lifestyle, adult sexual activity, substance abuse, violence and erratic parenting – numerous foster placements – abuse – lived on streets, with friends and with mother since 14 years – associated with criminals since 7 years – disrupted education – received award under Victim’s Compensation and Rehabilitation Act for physical abuse inflicted by mother and partner – early substance abuse: at [69]–[83], [88]
- Consequences of early mistreatment included behavioural problems, increased aggression, delinquency and criminality through teenage years – PSTD: at [84]–[85]
- Difficult sentencing exercise – childhood and youth relevant to mitigation of moral culpability, deterrence and retribution – balanced with gravity of offences and other sentencing principles: at [107]–[108] (see also Simpson J at [14]–[15])
Chapter: Out of Home Care (opens in a new tab)Case Summaries (opens in a new tab)See full case: 2015 NSWCCA 58 (opens in a new tab)