Leef v The Queen

Slade Mitchum Leef and Joseph Huru Turner were convicted of various charges following a jury trial, including aggravated robbery and possession of methamphetamine for supply. Turner was also convicted of possession of an offensive weapon. Turner appeals his convictions on the basis of alleged errors in the summing-up and seeks leave to adduce fresh evidence. Leef appeals his sentence of nine years and six months’ imprisonment, arguing that it is excessive. Turner’s appeal against his convictions for aggravated robbery and possession of methamphetamine for supply was dismissed, as the court found no relevant errors in the summing-up. However, Turner’s appeal against his conviction for possession of an offensive weapon was allowed, as the summing-up failed to properly explain the defence of not intending to use the weapon to commit an offence involving bodily injury or the threat or fear of violence. Turner’s application for leave to adduce fresh evidence was declined, as the evidence lacked cogency. Leef’s appeal against his sentence was dismissed, as the court found that the eight-year starting point for the aggravated robbery was appropriate and the sentence was not excessive.

The final orders of the court are that Turner’s appeal against his convictions for aggravated robbery and possession of methamphetamine for supply is dismissed. Turner’s appeal against his conviction for possession of an offensive weapon is allowed, and the conviction is quashed, but no retrial is ordered. Turner’s application for leave to adduce fresh evidence is declined. Leef’s appeal against his sentence is dismissed.