Turner v Raiser

Jaymie Leam Turner appeals against a decision of the ACT Magistrates Court to impose non-association orders when sentencing him for offences of affray and making a threat to kill. The appeal was heard in the Supreme Court of the Australian Capital Territory before Burns J, who was required to decide whether the Magistrate erred in imposing the non-association orders. The appellant's grounds of appeal were that there was not a demonstrable and substantial connection between the threat to kill offence and the making of the non-association order, that it was not reasonable or necessary to make the non-association orders, and that his Honour erred in making a non-association order for the affray offence as it was not a "relevant offence". The court found that the appellant's submission that the offence of affray was not a relevant offence for the purpose of s 23 of the Sentencing Act because it was not a personal violence offence was misguided. The court also found that the Magistrate was entitled to find on the evidence before his Honour that the appellant had attended the scene of the affray offence because he was directed or requested to do so by a member of the Comancheros, and that the order was necessary and reasonable to prevent the appellant from committing further offences and to assist him in managing his relationship with the Comancheros. However, with regard to the offence of making a threat to kill, the court found that the evidence before the Magistrate did not justify the making of the non-association order as there was no sufficient connection between the offence and the order as to make it necessary and reasonable to make the order. The appeal should be allowed with regard to the non-association order imposed for the offence of making a threat to kill. The appeal is dismissed on the charge of affray, and allowed on the charge of making a threat to kill, with the order of the Magistrate imposing a non-association order for that offence being set aside.