R v Paul William Turner [2018] NSWSC 1929

R v Paul William Turner [2018] NSWSC 1929

Mr Turner was sentenced as a secondary participant for the offence of aggravated kidnapping in company, with aggravating features including the vulnerability of the victim, commission in the victim’s home, and Turner's parole status, offset by mitigation for his personal circumstances and special circumstances affecting the non-parole period. A plea of guilty warranted a 10% reduction. The appropriate custodial sentence was fixed at 4½ years with a substantially reduced non-parole period.

Parties
Prosecutor: Regina; Offender: Paul William Turner
Jurisdiction
Australia
Judgment Date
13 December 2018
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to 4½ years imprisonment; non-parole period of 2 years and 3 months commencing on 13 November 2016; balance of term of 2 years and 3 months commencing on 13 February 2019; eligible for parole at expiration of non-parole period.
Legal Topics
Sentencing, Aggravated Kidnapping, Vulnerable Victim, Plea Deal, Special Circumstances
Criminal Law Sentencing Aggravated Kidnapping Vulnerable Victim Plea Deal Special Circumstances

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Parties

Regina

Prosecutor

Paul William Turner

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for aggravated kidnapping under s 86(2)(a) of the Crimes Act 1900 (NSW)?
  2. 2 How do aggravating and mitigating features, including vulnerability of the victim and special circumstances, affect the sentence?
  3. 3 What is the impact of the plea deal and late guilty plea on sentencing?

Ratio Decidendi

Mr Turner was sentenced as a secondary participant for the offence of aggravated kidnapping in company, with aggravating features including the vulnerability of the victim, commission in the victim’s home, and Turner's parole status, offset by mitigation for his personal circumstances and special circumstances affecting the non-parole period. A plea of guilty warranted a 10% reduction. The appropriate custodial sentence was fixed at 4½ years with a substantially reduced non-parole period.

Court Disposition

Convicted and sentenced to 4½ years imprisonment; non-parole period of 2 years and 3 months commencing on 13 November 2016; balance of term of 2 years and 3 months commencing on 13 February 2019; eligible for parole at expiration of non-parole period.

Orders

  • Paul William Turner is convicted and sentenced to a total sentence of 4½ years imprisonment.
  • Non-parole period of 2 years and 3 months commencing on 13 November 2016 and expiring on 12 February 2019.