Turner v R [2016] NSWCCA 208

Turner v R [2016] NSWCCA 208

The sentences imposed for assault occasioning actual bodily harm and serious sexual offences were manifestly excessive, failed to take sufficient account of the Applicant's disadvantaged background, mental health, and protective custody, and included errors concerning accumulation and the maximum penalty. The Court allowed the appeals in respect of these sentences and resentenced the Applicant accordingly.

Jurisdiction
Australia
Judgment Date
30 September 2016
Procedural Posture
Criminal Appeal / Appeal Judgment
Outcome
Appeals partially allowed; sentences for assault occasioning actual bodily harm and aggravated sexual offences quashed and reimposed; other leave to appeal refused.
Legal Topics
['sentencing' 'manifestly Excessive Sentence' 'protective Custody' 'disadvantaged Upbringing' 'mental Health' 'accumulation of Sentences']
['criminal Law'] ['sentencing' 'manifestly Excessive Sentence' 'protective Custody' 'disadvantaged Upbringing' 'mental Health' 'accumulation of Sentences']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Judgment

Legal Issues

  1. 1 ['Whether the sentences imposed were manifestly excessive' "Whether the sentencing Judges erred in consideration of the Applicant's disadvantaged background and mental health" 'Whether protective custody conditions and physical disability were properly considered as mitigating factors' 'Whether an error was made concerning the maximum penalty for assault occasioning actual bodily harm' 'Whether sentences were erroneously accumulated']

Ratio Decidendi

The sentences imposed for assault occasioning actual bodily harm and serious sexual offences were manifestly excessive, failed to take sufficient account of the Applicant's disadvantaged background, mental health, and protective custody, and included errors concerning accumulation and the maximum penalty. The Court allowed the appeals in respect of these sentences and resentenced the Applicant accordingly.

Court Disposition

Appeals partially allowed; sentences for assault occasioning actual bodily harm and aggravated sexual offences quashed and reimposed; other leave to appeal refused.

Orders

  • ['Grant leave to appeal and quash sentence for assault occasioning actual bodily harm; sentence Applicant to 9 months non-parole and further 3 months commencing 17 April 2011' 'Refuse leave to appeal sentence for intentionally damaging property' 'Grant leave, quash, and resentence for attempted aggravated sexual...