NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v Turner [2004] NSWCCA 340 HEARING DATE(S) : 27/09/04 JUDGMENT DATE : 27 September 2004
JUDGMENT OF : Wood CJ at CL at 40, 42; Barr J at 41; Hoeben J at 1 DECISION : Leave to appeal granted.; Appeal dismissed.
CATCHWORDS : Exceptional circumstances - dependent children. LEGISLATION CITED : Crimes Act 1900 R v Dodd (1991) 57 A Crim R 349 at 354 CASES CITED : R v Rushby [1977] 1 NSWLR 594 R v Todd [1982] 2 NSWLR 517 Veen v The Queen (No 2) (1988) 164 CLR 465 PARTIES : Janine Turner - Applicant Crown - Respondent FILE NUMBER(S) : CCA 2004/1879 COUNSEL : R Hulme SC - Applicant GIO Rowling - Crown SOLICITORS : S O'Connor, Legal Aid Commission - Applicant S Kavanagh, Solicitor for Public Prosecutions - Crown
LOWER COURT District Court JURISDICTION : LOWER COURT 01/21/1157 FILE NUMBER(S) : LOWER COURT Knight DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 2004/1879
WOOD CJ at CL BARR J HOEBEN J
Monday, 27 September, 2004 REGINA v Janine May TURNER Judgment 1 HOEBEN J: On 18 March 2002 in the District Court at Penrith the applicant pleaded guilty to the following offence:
That on 13 July 2000 at Bidwill in the State of New South Wales she did assault James Hilton Proctor thereby occasioning to him actual bodily harm, contrary to s59 of the Crimes Act 1900, the maximum penalty for which was imprisonment for 5 years. 2 The applicant had also been charged with a further offence:
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