JULIE Turyn v The Queen
Case
•
[2007] ACTCA 23
•7 September 2007 (ex tempore)
Details
AGLC
Case
Decision Date
JULIE Turyn v The Queen [2007] ACTCA 23
[2007] ACTCA 23
7 September 2007 (ex tempore)
CaseChat Overview and Summary
Julie Turyn appealed against her sentence imposed by the Supreme Court of Queensland. The appeal concerned the appropriate considerations for sentencing in circumstances where the offender was pregnant and the impact of her imprisonment on her family.
The primary legal issue before the Full Court of the Supreme Court of Queensland was whether the sentencing judge erred in taking into account the impact of the appellant's pregnancy and the effect of her imprisonment on her family when determining the sentence. The court was also required to consider whether the sentence imposed was manifestly inadequate, having regard to all relevant factors.
The Full Court held that it was permissible and indeed appropriate for a sentencing judge to take into account the impact of a prisoner's pregnancy and the effect of her imprisonment on her family. This consideration was not a mitigating factor in itself, but rather a factor to be weighed in the balance of all relevant circumstances. The court found that the sentencing judge had properly considered all relevant factors, including the gravity of the offence, the appellant's personal circumstances, and the need for general and specific deterrence. The sentence imposed was not found to be manifestly inadequate.
Accordingly, the appeal was dismissed.
The primary legal issue before the Full Court of the Supreme Court of Queensland was whether the sentencing judge erred in taking into account the impact of the appellant's pregnancy and the effect of her imprisonment on her family when determining the sentence. The court was also required to consider whether the sentence imposed was manifestly inadequate, having regard to all relevant factors.
The Full Court held that it was permissible and indeed appropriate for a sentencing judge to take into account the impact of a prisoner's pregnancy and the effect of her imprisonment on her family. This consideration was not a mitigating factor in itself, but rather a factor to be weighed in the balance of all relevant circumstances. The court found that the sentencing judge had properly considered all relevant factors, including the gravity of the offence, the appellant's personal circumstances, and the need for general and specific deterrence. The sentence imposed was not found to be manifestly inadequate.
Accordingly, the appeal was dismissed.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Sentencing
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Appeal
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Citations
JULIE Turyn v The Queen [2007] ACTCA 23
Most Recent Citation
El Rakhawy v The Queen [2011] WASCA 209
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Statutory Material Cited
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