Regina v Turner [2004] NSWCCA 340

Regina v Turner [2004] NSWCCA 340

The sentence was not manifestly excessive. The offence was objectively serious, involved detention for about nine hours, substantial injury, violence, a weapon, offending in company, offending while the applicant was on a bond, and gratuitous cruelty. The applicant's role in initiating and facilitating the joint criminal enterprise meant no further reduction was justified by comparison with Mr German. The hardship to her five children was taken into account by the sentencing judge through a finding of special circumstances and a substantially reduced non-parole period, and no error in the exercise of sentencing discretion was shown.

Jurisdiction
Australia
Judgment Date
27 September 2004
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['manifest Excess' 'exceptional Circumstances' 'dependent Children' 'detain for Advantage' 'assault Occasioning Actual Bodily Harm' 'parity Between Co Offenders' 'special Circumstances']
['criminal Law' 'sentencing'] ['manifest Excess' 'exceptional Circumstances' 'dependent Children' 'detain for Advantage' 'assault Occasioning Actual Bodily Harm' 'parity Between Co Offenders' 'special Circumstances']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed for the s90A offence was manifestly excessive.' 'Whether the sentencing judge gave insufficient attention to the differing roles of the applicant and the co-offender, Mr German.' "Whether the sentencing judge made insufficient allowance for hardship to the applicant's five dependent children."]

Ratio Decidendi

The sentence was not manifestly excessive. The offence was objectively serious, involved detention for about nine hours, substantial injury, violence, a weapon, offending in company, offending while the applicant was on a bond, and gratuitous cruelty. The applicant's role in initiating and facilitating the joint criminal enterprise meant no further reduction was justified by comparison with Mr German. The hardship to her five children was taken into account by the sentencing judge through a finding of special circumstances and a substantially reduced non-parole period, and no error in the exercise of sentencing discretion was shown.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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