R v Johnson (No.5) [2017] NSWSC 1169

R v Johnson (No.5) [2017] NSWSC 1169

1 judgment

R v Johnson (No.5) [2017] NSWSC 1169

ChapterManslaughter – background included racism at school – consequences of tragic elements of childhood – reflected in sentence

Coram: Button J

  • Difficult childhood for aboriginal offender – father suffered from poor mental health culminating in suicide – frequent moves disrupted schooling – suffered racial abuse at school responding with anger and fists – sexual abuse – combination of these factors led to mental health problems and long term substance abuse – also resulted in ‘ young man who responded to racism forcefully becoming a chronically violent adult’: at [29], [30]
  • Sentence to reflect the ‘adverse aspects of the life of this Aboriginal offender … without for a moment diminishing the value to be accorded by the criminal justice system to the life of the similarly disadvantaged Aboriginal man’: at [62], [63]

Chapter: Social Exclusion (opens in a new tab)Case Summaries (opens in a new tab)See full case: 2017 NSWSC 1169 (opens in a new tab)