R v Turner [2003] NSWCCA 334

New South Wales Court of Criminal Appeal

CITATION : R v Turner [2003] NSWCCA 334 HEARING DATE(S) : 3 November 2003 JUDGMENT DATE : 3 November 2003

JUDGMENT OF : Barr J at 1; Greg James J at 24; Howie J at 27 DECISION : Grant leave to appeal but appeal dismissed.

CATCHWORDS : Criminal law - sentencing - threatening to use an offensive weapon with intent to murder Crimes Act s33B(1)(a) LEGISLATION CITED : Crimes (Sentencing Procedure) Act s32 Criminal Appeal Act s6(3) CASES CITED : R v Thomson; R v Houlton [2000] NSWCCA 309 PARTIES : Regina Peter Jeffrey Turner FILE NUMBER(S) : CCA 60199/03 COUNSEL : Applicant: In Person Crown: P M Miller SOLICITORS : Applicant: In person Crown: S E O'Connor

LOWER COURT District Court JURISDICTION : LOWER COURT 02/61/0146 FILE NUMBER(S) : LOWER COURT Freeman DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60199/03

Barr J Grag James J Howie J

Monday, 3 November 2003 R v Peter Jeffrey TURNER Judgment 1 BARR J: This is an application by Peter Jeffrey Turner for leave to appeal against a sentence imposed upon him in the District Court on 7 November 2002. On that day he came before Judge Freeman and pleaded guilty to a charge under section 33B(1)(a) of the Crimes Act of threatening to use an offensive weapon with intent to commit an indictable offence, namely murder. He also acknowledged the commission of five offences which were summarised pursuant to section 32 of the Crimes (Sentencing Procedure) Act and asked his Honour to take them into account. His Honour did so, and sentenced the applicant to imprisonment for six years and three months. A non-parole period of four years was fixed.