Turner v R

Case

[2021] NSWCCA 5

04 February 2021


Details
AGLC Case Decision Date
Turner v R [2021] NSWCCA 5 [2021] NSWCCA 5 04 February 2021

CaseChat Overview and Summary

In Turner v R, the applicant appealed against his sentence for numerous blackmail offences. Turner was sentenced in the County Court and appealed to the Court of Appeal, arguing that the County Court erred in its sentencing process. The primary legal issues were whether the sentencing judge erred in treating certain charged offences as representative counts, whether the judge provided adequate reasons for the sentence, whether the judge assessed the criminality of the multiple offences individually, and whether the sentence was manifestly excessive.

The Court of Appeal examined the County Court's approach to sentencing, particularly the use of representative counts and the overall assessment of the criminality involved. The Court noted that the sentencing judge had provided detailed reasons for the sentence, and there was no evidence of the judge failing to assess each offence individually. The Court found that the sentence was not manifestly excessive, taking into account the totality of the offending and the principles of sentencing. The Court concluded that the County Court did not err in its sentencing process and dismissed the appeal.

The Court of Appeal held that the sentencing judge had correctly applied the principles of sentencing and provided adequate reasons for the sentence. The Court found no manifest error in the assessment of the criminality or the overall sentence. Consequently, the appeal was dismissed, and the original sentence was upheld.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Appeal

  • Manifestly Excessive Sentence

  • Sentencing

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Cases Citing This Decision

16

He v Sun [2021] NSWCA 95
R v Hausman [2021] NSWDC 846
R v Rostankovski [2021] NSWDC 847
Cases Cited

10

Statutory Material Cited

4

Burr v R [2020] NSWCCA 282
Corby v R [2010] NSWCCA 146
Goodbun v R [2020] NSWCCA 77