Turner v R

Case

[2015] NSWCCA 322

18 December 2015


Details
AGLC Case Decision Date
Turner v R [2015] NSWCCA 322 [2015] NSWCCA 322 18 December 2015

CaseChat Overview and Summary

Turner appealed against his conviction and sentence. Turner was convicted of various offences, including robbery, following a trial. Turner sought to appeal his conviction and sentence on various grounds. Turner alleged that the prosecution evidence was improperly obtained or manufactured. He also argued that the conduct of the prosecution case amounted to an abuse of process and that the trial miscarried because the prosecution did not call certain witnesses. Turner further alleged that his sentence was excessive. Turner's appeal against his conviction was dismissed. Turner's appeal against his sentence was also dismissed. The court found that there was no impropriety on the part of the police or prosecution in relation to the conduct of the trial and that there was no miscarriage of justice. The court also found that there was no error of the kind identified in Muldrock v The Queen that would warrant a reduction in Turner's sentence. The court held that the appeal against the conviction and sentence should be dismissed.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Appeal

  • Abuse of Process

  • Miscarriage of Justice

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Cases Cited

7

Statutory Material Cited

5

R v Rogers (No 7) [2019] NSWSC 689
Ratten v The Queen [1974] HCA 35
Libke v The Queen [2007] HCA 30