Turner v R [2017] NSWCCA 304

Turner v R [2017] NSWCCA 304

Convictions for counts 6 and 10 were quashed as the conduct—respectively, photographing the chest of a prepubescent girl and possessing images of clothed children—did not satisfy the statutory definitions of 'private parts' or 'child abuse material' at law. The aggregate sentence originally imposed was reduced to reflect this and other errors in approach to objective seriousness.

Parties
Applicant: Robert Keith Turner; Respondent: Crown
Jurisdiction
Australia
Judgment Date
08 December 2017
Procedural Posture
Criminal Appeal / Determination of Sentence and Conviction Appeals
Outcome
Convictions on counts 6 and 10 quashed; aggregate sentence set aside; applicant resentenced; earliest parole date set.
Legal Topics
Sentencing Appeals, Child Abuse Material Offences, Child Pornography, Statutory Interpretation, Indecent Assault, Aggregate Sentences, Withdrawal of Guilty Pleas
Criminal Law Sentencing Appeals Child Abuse Material Offences Child Pornography Statutory Interpretation Indecent Assault Aggregate Sentences Withdrawal of Guilty Pleas

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Parties

Robert Keith Turner

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Determination of Sentence and Conviction Appeals

Legal Issues

  1. 1 Whether convictions in counts 6 and 10 could be sustained under the relevant definitions of 'private parts' and 'child abuse material' in the Crimes Act 1900 (NSW)
  2. 2 Whether the aggregate sentence imposed in the District Court was manifestly excessive
  3. 3 Whether objective seriousness and moral culpability were properly assessed in sentencing

Ratio Decidendi

Convictions for counts 6 and 10 were quashed as the conduct—respectively, photographing the chest of a prepubescent girl and possessing images of clothed children—did not satisfy the statutory definitions of 'private parts' or 'child abuse material' at law. The aggregate sentence originally imposed was reduced to reflect this and other errors in approach to objective seriousness.

Court Disposition

Convictions on counts 6 and 10 quashed; aggregate sentence set aside; applicant resentenced; earliest parole date set.

Orders

  • Grant leave to file amended notice of appeal dated 14 November 2017.
  • Grant applicant leave to withdraw pleas of guilty on counts 6 and 10 and quash convictions on those counts.