R v Turnbull [2020] NSWSC 1785

R v Turnbull [2020] NSWSC 1785

The offender's murder of Jack Mulligan was objectively serious and fell a little below the mid-range for murder. The Court was not satisfied beyond reasonable doubt that she intended to kill, but found she intended to inflict extremely serious injury. The offence was aggravated by actual violence, use of a weapon, prior violent offending and, especially, commission while on parole for similar knife offending. The offender's early guilty plea warranted a 25% reduction and her genuine remorse, profound Aboriginal history of trauma and deprivation, PTSD, personality disorder, severe substance abuse disorder and substance-induced psychotic disorder reduced her moral culpability. Balancing...

Jurisdiction
Australia
Judgment Date
16 December 2020
Procedural Posture
Criminal Sentencing for Murder / Sentence After Early Guilty Plea
Outcome
Sentenced to 18 years imprisonment with a non-parole period of 12 years and 6 months.
Legal Topics
['murder' 'stabbing Murder' 'objective Seriousness' 'aggravating Features' 'offending on Parole' 'guilty Plea' 'remorse' 'aboriginal Offender' 'trauma and Deprivation' 'post Traumatic Stress Disorder' 'substance Abuse' 'moral Culpability' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['murder' 'stabbing Murder' 'objective Seriousness' 'aggravating Features' 'offending on Parole' 'guilty Plea' 'remorse' 'aboriginal Offender' 'trauma and Deprivation' 'post Traumatic Stress Disorder' 'substance Abuse' 'moral Culpability' 'special Circumstances' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentencing for Murder / Sentence After Early Guilty Plea

Legal Issues

  1. 1 ['Whether the offender should be sentenced on the basis that she intended to kill or intended to inflict grievous bodily harm.' 'Assessment of the objective seriousness of the murder.' 'Effect of aggravating features including actual violence, use of a weapon, prior violent offending and commission of the offence while on parole for similar offending.' "Effect of the offender's early guilty plea and remorse." "Effect of the offender's history of trauma, deprivation, Aboriginal background, psychiatric conditions and substance abuse on moral culpability and sentencing purposes." 'Whether special circumstances justified an adjustment to the statutory ratio between the head sentence and non-parole period.' 'Appropriate commencement date having regard to parole revocation, concurrency, accumulation and totality.']

Ratio Decidendi

The offender's murder of Jack Mulligan was objectively serious and fell a little below the mid-range for murder. The Court was not satisfied beyond reasonable doubt that she intended to kill, but found she intended to inflict extremely serious injury. The offence was aggravated by actual violence, use of a weapon, prior violent offending and, especially, commission while on parole for similar knife offending. The offender's early guilty plea warranted a 25% reduction and her genuine remorse, profound Aboriginal history of trauma and deprivation, PTSD, personality disorder, severe substance abuse disorder and substance-induced psychotic disorder reduced her moral culpability. Balancing...

Court Disposition

Sentenced to 18 years imprisonment with a non-parole period of 12 years and 6 months.

Orders

  • ['Sharee Lorraine Turnbull, for the murder of Jack Mulligan, is sentenced to a non-parole period of 12 years and 6 months commencing on 1 January 2020 and expiring on 30 June 2032.' 'There will be a balance term of parole of 5 years and 6 months commencing on 1 July 2032 and expiring on 31 December 2037.' 'Pursuant...