Turner v R [2025] NSWCCA 3

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Turner v R [2025] NSWCCA 3 Hearing dates: 13 December 2024 Date of orders: 17 February 2025 Decision date: 17 February 2025 Before: Davies J at [1] Yehia J at [56] R A Hulme AJ at [57] Decision: 1. Leave to appeal granted. 2. Dismiss the appeal. Catchwords: CRIME – appeals – appeal against sentence – where the applicant pleaded guilty to one count of sexual intercourse without consent – where the offence was aggravated by its occurrence in the victim's home – where the sentencing judge incorrectly concluded that the applicant was on bail for other offences – re-sentence – whether a lesser sentence is warranted – where applicant comes from a deprived background – where applicant has low level cognitive intellectual capacity – where the applicant failed to express remorse – where prospects of rehabilitation are guarded – where there was a finding of special circumstances – where the original sentence was lenient – no lesser sentence imposed – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) ss 59, 61I Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Beau Eric Turner (Applicant) Crown (Respondent) Representation: Counsel: A Booker (Applicant) J Styles (Respondent)

Solicitors: Legal Aid NSW (Applicant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2021/45967 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Citation: Nil Date of Decision: 14 December 2023 Before: Hanley SC DCJ File Number(s): 2021/45967