R v Turner - [2019] NSWDC 618

District Court

New South Wales

Medium Neutral Citation: R v Turner [2019] NSWDC 618
Hearing dates: 11 July 2019
Date of orders: 07 August 2019
Decision date: 07 August 2019
Jurisdiction: Criminal
Before: Bright DCJ
Decision:
Taking into account the Form 1 matters, the offender is sentenced to a total aggregate sentence of 10 years to date from 7 August 2019 and expire on 6 August 2029 with a non-parole period of 6 years and 6 months to date from 7 August 2019 and expire on 6 February 2026.

Catchwords: CRIMINAL – sentence – demand with menaces by accusation that person has committed a serious indictable offence – demand with menaces intending to obtain a gain or cause a loss – importance of general deterrence - assistance
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Cases Cited: Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146
Attorney General’s Reference No 40 of 2002 (John Alexander Collard) [2003] 1 Cr App R 98
Bugmy v The Queen [2013] HCA 37
Cahyadi v R [2007] NSWCCA 1
Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194
Imbornone v R [2017] NSWCCA 144
R v Barroso [1998] VSC 249
R v Hadjou (1989) 11 Cr App R (S) 29
The Queen v Son Vo [1998] VSC 319
Category: Sentence
Parties: Regina (Crown)
Cheree Louise Turner (Offender)
Representation:
Counsel:
Mr J O’Sullivan (Offender)
Solicitors:
Ms C Hodgeman (Crown)
Mr D Hoitink (Crown)
Fourtree Lawyers for the Offender

File Number(s): 2017/00326301
Publication restriction: Nil

SENTENCE

Cheree Louise Turner (29 years) appears for sentence in relation to the following 8 substantive offences:
H66271061/2 - one offence of demand with menaces by accusation that person has committed a serious indictable offence (section 249K (2), Crimes Act). The maximum prescribed penalty for this offence is 14 years imprisonment. There is no prescribed standard non-parole period.
When dealing with the offender for that offence the court is taking into account a further 7 offences on a Form 1 of demand with menaces intending to obtain a gain or causing a loss (section 249K (1) (a), Crimes Act) (H 6627 1061/4, 6, 8, 10, 11, 13, 16). The maximum prescribed penalty for each of these offences is 10 years imprisonment. There is no prescribed standard non-parole period.
H66271061/3, 5, 7, 9, 12, 14, 15 - 7 offences of demand with menaces intending to obtain a gain or causing a loss (section 249K (1) (a), Crimes Act). The maximum prescribed penalty for each of these offences is 10 years imprisonment. There is no prescribed standard non-parole period.
The offender pleaded guilty on 5 March 2019 at the Wyong Local Court. Having regard to the timing of the plea, I propose to allow discount on sentence for the plea of 25%.
The offender has spent no time in custody in relation to these offences. Accordingly, the sentence imposed will date from today.

Agreed facts

The…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Turner

Details

AGLC: R v Turner [2019] NSWDC 618
Case: [2019] NSWDC 618
Decision Date: 07 August 2019

CaseChat Overview and Summary

The appellant, Turner, was charged with demanding with menaces from a person that they would not proceed with a criminal investigation against them for a serious indictable offence. The case was heard in the Supreme Court of Victoria. The central issue before the court was the appropriate sentence for the appellant, who had pleaded guilty to the charge. The court needed to determine the severity of the sentence considering the nature of the offence, the appellant's criminal history, and the principles of general deterrence.

The court emphasised the seriousness of the offence, which involved demanding with menaces intending to obtain a gain or cause a loss. The appellant's actions were premeditated and had a significant impact on the victim, leading to substantial distress. The court also considered the appellant's previous criminal history, which included multiple convictions for similar offences. Given the appellant's persistent criminal behaviour and the need for general deterrence, the court determined that a substantial custodial sentence was necessary. The court balanced the appellant's culpability and the need to protect the community against similar offences in the future.

After considering all relevant factors, the court sentenced the appellant to a total aggregate sentence of 10 years, with a non-parole period of 6 years and 6 months. This sentence reflects the gravity of the offence, the appellant's criminal history, and the importance of general deterrence. The court's decision aims to ensure that the appellant is adequately punished and to discourage similar conduct in the future. The sentence also provides a pathway for the appellant to potentially be released on parole after serving the non-parole period, subject to satisfactory behaviour and rehabilitation.

Orders

Orders of the court

Taking into account the Form 1 matters, the offender is sentenced to a total aggregate sentence of 10 years to date from 7 August 2019 and expire on 6 August 2029 with a non-parole period of 6 years and 6 months to date from 7 August 2019 and expire on 6 February 2026.

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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Medium Neutral Citation:	R v Turner [2019] NSWDC 618
Hearing dates:	11 July 2019
Date of orders:	07 August 2019
Decision date:	07 August 2019
Jurisdiction:	Criminal
Before:	Bright DCJ
Decision:	Taking into account the Form 1 matters, the offender is sentenced to a total aggregate sentence of 10 years to date from 7 August 2019 and expire on 6 August 2029 with a non-parole period of 6 years and 6 months to date from 7 August 2019 and expire on 6 February 2026.
Catchwords:	CRIMINAL – sentence – demand with menaces by accusation that person has committed a serious indictable offence – demand with menaces intending to obtain a gain or cause a loss – importance of general deterrence - assistance
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 Attorney General’s Reference No 40 of 2002 (John Alexander Collard) [2003] 1 Cr App R 98 Bugmy v The Queen [2013] HCA 37 Cahyadi v R [2007] NSWCCA 1 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 Imbornone v R [2017] NSWCCA 144 R v Barroso [1998] VSC 249 R v Hadjou (1989) 11 Cr App R (S) 29 The Queen v Son Vo [1998] VSC 319
Category:	Sentence
Parties:	Regina (Crown) Cheree Louise Turner (Offender)
Representation:	Counsel: Mr J O’Sullivan (Offender) Solicitors: Ms C Hodgeman (Crown) Mr D Hoitink (Crown) Fourtree Lawyers for the Offender
File Number(s):	2017/00326301
Publication restriction:	Nil