Turner v R [2021] NSWCCA 5

Turner v R [2021] NSWCCA 5

The sentencing Judge did not err by treating the agreed representative nature of the charged offences and related uncharged conduct as relevant context for objective seriousness, because it showed the offences formed part of a sustained course of blackmail and bore on the victim's vulnerability without punishing the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
04 February 2021
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Aggregate Sentence Imposed in the District Court of NSW
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['blackmail' 'manifest Excess' 'aggregate Sentences' 'representative Counts' 'form 1 Offences' 'objective Seriousness' 'adequacy of Reasons' 'totality Principle']
['criminal Law' 'sentencing' 'criminal Appeals'] ['blackmail' 'manifest Excess' 'aggregate Sentences' 'representative Counts' 'form 1 Offences' 'objective Seriousness' 'adequacy of Reasons' 'totality Principle']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Aggregate Sentence Imposed in the District Court of NSW

Legal Issues

  1. 1 ['Whether the sentencing Judge erred in taking into account that the charged offences were representative counts when assessing objective gravity.' 'Whether the sentencing Judge failed to provide adequate reasons as to how uncharged conduct impacted upon objective gravity.' 'Whether the sentencing Judge failed to comply with s 53A(2) of the Crimes (Sentencing Procedure) Act 1999 by not assessing individually the criminality of sequences 3, 5, 7, 9, 12, 14 and 15.' 'Whether the aggregate sentence of 10 years imprisonment with a 6 year 6 month non-parole period was manifestly excessive.']

Ratio Decidendi

The sentencing Judge did not err by treating the agreed representative nature of the charged offences and related uncharged conduct as relevant context for objective seriousness, because it showed the offences formed part of a sustained course of blackmail and bore on the victim's vulnerability without punishing the applicant for uncharged offences. The reasons on objective seriousness, although concise, were adequate. The indicative sentences showed individual assessment, including a higher indicative sentence for Sequence 12, and did not disclose a blanket assessment contrary to s 53A(2). Given the seriousness, duration and threatening nature of the blackmail offending, the Form 1...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']