R v Steven Turner

Case [2019] NSWDC 8

District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v Steven Turner [2019] NSWDC 8
Hearing dates: 24 January 2019
Date of orders: 01 February 2019
Decision date: 01 February 2019
Jurisdiction:Criminal
Before: Hatzistergos DCJ
Decision:

(1) The Offender is convicted.
(2) In light of the plea of guilty (25%), the Offender is sentenced to a period of imprisonment for 2 years and 7 months, to date from 31 January 2019 and to expire on 30 August 2021.
(3) I set a non-parole period of 1 year and 6 months, commencing on 31 January 2019 and expiring on 30 July 2020. The Offender is thereafter eligible to be released on parole to serve an additional term of 1 year and 1 month from 31 July 2020 until 30 August 2021.

Catchwords: SENTENCING – Recklessly causing grievous bodily harm in company – one punch – plea of guilty - strong subjective circumstances – good prospects of rehabilitation – good character – remorse – unlikely to re-offend
Legislation Cited: Crimes Act 1900 (NSW) ss 35(1), 93C(1)
Crimes (Sentencing Procedure) Act 1999 (NSW) ss 21A, 33, 54, 54A
Cases Cited: Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (NSW) (No 1) of 2002 (2002) 56 NSWLR 146
Betts v R [2015] NSWCCA 39
Davis v R [2018] NSWCCA 67
Kemp v R [2012] NSWCCA 281
Texts Cited: N/A
Category:Sentence
Parties: Regina (Crown)
Steven Turner (Offender)
Representation:

Counsel:
N/A

  Solicitors:
Office of the Director of Public Prosecutions (ODPP)
Mr O’Connor
File Number(s): 2017/351470
Publication restriction: N/A

Judgment

  1. Steven Turner has pleaded guilty to one count of recklessly cause grievous bodily harm in company contrary to section 35(1) of the Crimes Act 1900 (NSW). In sentencing the Offender, I have been requested to take into account an offence of affray under s 93C(1) of the Crimes Act 1900 (NSW), being an offence listed on a Form 1.

Facts

  1. According to the agreed facts tendered, on Saturday the 28th of October 2017 the Offender and his brother Peter Turner attended a birthday party at the St George Tavern in Rockdale. They had been invited by Peter Turner’s girlfriend, but otherwise did not know anyone in attendance. Also present at the party were a number of co-offenders, namely Jed Latimer, Daniel Taane, Tuck Gardiner, and Gregorios Hatzopoulos. At the conclusion of the party, the Offender and his brother were invited to continue at Goros Restaurant in Surry Hills, where a Karaoke room had been hired.

  2. At 2.45am on Sunday 29 October 2017, a fight broke out near the entrance to the poker machine area between several members of the party. Near the front stairs of the venue, another fight broke out between Taane, the Offender, his brother, Hatzopoulos and Gardiner. The Offender threw punches and Gardiner was punched by Peter Turner. Taane was hit in the face by both the Offender and an unknown individual. Latimer remained in the rear lane for about one minute before he ran…

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Details
AGLC
R v Steven Turner [2019] NSWDC 8
Case
[2019] NSWDC 8
Decision Date

CaseChat Overview and Summary

The defendant, Steven Turner, was charged with recklessly causing grievous bodily harm in company. The incident occurred when Turner struck an individual with a single punch, leading to significant injuries. Turner entered a plea of guilty and the case was heard in the higher court. The primary legal issue for the court was to determine the appropriate sentence, considering the plea of guilty, the nature of the offence, and the mitigating circumstances presented.

Turner’s legal representation argued that the offence occurred under strong subjective circumstances, and that Turner exhibited good prospects for rehabilitation. Additionally, Turner had a good character and demonstrated remorse for his actions. Given these factors, the court was required to weigh the gravity of the offence against the mitigating circumstances and the plea of guilty. The court acknowledged the severity of causing grievous bodily harm but also considered Turner’s background and the likelihood of rehabilitation.

After careful consideration of the mitigating factors and the plea of guilty, the court determined that a sentence of 2 years and 7 months imprisonment was appropriate, with a non-parole period of 1 year and 6 months. Turner was deemed eligible for parole after serving the non-parole period, with an additional term of 1 year and 1 month to be served on parole. The court concluded that this sentence balanced the need for punishment with the potential for Turner’s rehabilitation and the low likelihood of re-offending.

The court's orders included confirming Turner’s conviction, setting the sentence and the non-parole period, and outlining the conditions for parole eligibility. Turner’s imprisonment was to commence on 31 January 2019, with the non-parole period ending on 30 July 2020, followed by the additional term of parole until 30 August 2021.

Orders

Orders of the court

(1) The Offender is convicted.

(2) In light of the plea of guilty (25%), the Offender is sentenced to a period of imprisonment for 2 years and 7 months, to date from 31 January 2019 and to expire on 30 August 2021.

(3) I set a non-parole period of 1 year and 6 months, commencing on 31 January 2019 and expiring on 30 July 2020. The Offender is thereafter eligible to be released on parole to serve an additional term of 1 year and 1 month from 31 July 2020 until 30 August 2021.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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