R v Turner [2003] NSWCCA 334

R v Turner [2003] NSWCCA 334

The sentencing judge’s decision to allow a 10% discount for the early guilty plea fell within discretion, and the resulting sentence, including a non-parole period of four years, was within the proper range having regard to the seriousness of the offence. No error such as would warrant appellate intervention was identified.

Parties
Crown: Regina; Applicant: Peter Jeffrey Turner
Jurisdiction
Australia
Judgment Date
03 November 2003
Procedural Posture
Criminal Appeal / Leave to Appeal Sentence—decision on Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentencing, Threatening to Use an Offensive Weapon, Intent to Murder
Criminal Law Sentencing Threatening to Use an Offensive Weapon Intent to Murder

Case Brief

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Parties

Regina

Crown

Peter Jeffrey Turner

Applicant

Procedural Posture

Criminal Appeal / Leave to Appeal Sentence—decision on Appeal

Legal Issues

  1. 1 Whether the sentencing judge erred in determining the discount for the early guilty plea
  2. 2 Whether sentence imposed was manifestly excessive
  3. 3 Whether submissions and conduct of prior counsel caused injustice

Ratio Decidendi

The sentencing judge’s decision to allow a 10% discount for the early guilty plea fell within discretion, and the resulting sentence, including a non-parole period of four years, was within the proper range having regard to the seriousness of the offence. No error such as would warrant appellate intervention was identified.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal is granted.
  • Appeal is dismissed.