Turner v Regina [2006] NSWCCA 166

Turner v Regina [2006] NSWCCA 166

No sentencing error was demonstrated: the sentencing Judge was aware of the prior sentence and the commencement date of the new sentence, the decision not to find special circumstances was discretionary, the available medical evidence did not establish the contribution of mental illness to the offence, the sentencing Judge took the applicant's mental illness into account in reducing the sentence, and the sentence was not manifestly excessive.

Jurisdiction
Australia
Judgment Date
24 May 2006
Procedural Posture
Criminal Law Sentencing Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['cumulation' 'mental Illness' 'manifest Excess' 'special Circumstances' 'break and Enter Dwelling House and Commit Serious Indictable Offence']
['criminal Law' 'sentencing'] ['cumulation' 'mental Illness' 'manifest Excess' 'special Circumstances' 'break and Enter Dwelling House and Commit Serious Indictable Offence']

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Procedural Posture

Criminal Law Sentencing Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing Judge erred in failing to take into account the effect of cumulation in determining the non-parole period.' "Whether the sentencing Judge erred in failing to properly take into account the applicant's mental illness." 'Whether the sentence was manifestly excessive.']

Ratio Decidendi

No sentencing error was demonstrated: the sentencing Judge was aware of the prior sentence and the commencement date of the new sentence, the decision not to find special circumstances was discretionary, the available medical evidence did not establish the contribution of mental illness to the offence, the sentencing Judge took the applicant's mental illness into account in reducing the sentence, and the sentence was not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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