Turner v R [2015] NSWCCA 322

Turner v R [2015] NSWCCA 322

No impropriety or miscarriage of justice was established in the conduct of the investigation, prosecution, or trial. The evidence supported the conviction, and no material error occurred in the approach to sentencing. The appeal against conviction was dismissed and leave to appeal against sentence was refused.

Jurisdiction
Australia
Judgment Date
18 December 2015
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence; Application for Extension of Time
Outcome
(1) Time to file notices of appeal extended; (2) Appeal against conviction dismissed; (3) Leave to appeal against sentence refused.
Legal Topics
['conviction Appeal' 'improperly Obtained Evidence' 'abuse of Process' 'admissibility of Evidence' 'jury Directions' 'unreasonable Verdict' 'sentence Appeal' 'muldrock Error']
['criminal Law'] ['conviction Appeal' 'improperly Obtained Evidence' 'abuse of Process' 'admissibility of Evidence' 'jury Directions' 'unreasonable Verdict' 'sentence Appeal' 'muldrock Error']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence; Application for Extension of Time

Legal Issues

  1. 1 ['Whether prosecution evidence was improperly obtained or manufactured' 'Whether the conduct of the prosecution constituted an abuse of process' 'Whether the trial miscarried due to prosecution witnesses not being called' 'Whether there was any miscarriage of justice' 'Whether there was Muldrock error in sentencing']

Ratio Decidendi

No impropriety or miscarriage of justice was established in the conduct of the investigation, prosecution, or trial. The evidence supported the conviction, and no material error occurred in the approach to sentencing. The appeal against conviction was dismissed and leave to appeal against sentence was refused.

Court Disposition

(1) Time to file notices of appeal extended; (2) Appeal against conviction dismissed; (3) Leave to appeal against sentence refused.

Orders

  • ['Extend time to file notices of appeal against conviction and leave to appeal against sentence to 12 June 2014.' 'Dismiss the appeal against conviction.' 'Refuse leave to appeal against sentence.']