Regina v Turner [2004] NSWCCA 260

New South Wales Court of Criminal Appeal

CITATION : Regina v Turner [2004] NSWCCA 260 HEARING DATE(S) : 30/06/2004 JUDGMENT DATE : 30 June 2004

JUDGMENT OF : Ipp JA at 1; Hulme J at 2; Hislop J at 13 DECISION : Leave to appeal granted; Appeal allowed; Sentence quashed; In lieu thereof the applicant is sentenced to a term of imprisonment of three years to date from 12 March 2003 and to expire on 11 March 2006; A non-parole period of two years and three months is fixed to expire on 11 June 2005 on which date the applicant is to be eligible for consideration for release to parole.

CATCHWORDS : Criminal law - Sentencing - Utilitarian value of plea not qualified by strength of Crown case - Double jeopardy. Crimes Act 1900 - s 113(1), 114(1)(b) LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 - ss 21, S21A(3)(k), 22(1), 47(3) Criminal Appeal Act - s 6(3) R v Bishop NSWCCA 23 September 1996 unreported CASES CITED : R v Lee (2002) NSWCCA 236 R v Sharma (2002) 54 NSWLR 300 Veen v R (No 2) (1988) 164 CLR 465 PARTIES : Darren James Turner - Applicant Regina - Respondent FILE NUMBER(S) : CCA 60048/04 COUNSEL : A Francis - Applicant E Wilkins - Respondent SOLICITORS : S O'Connor (Legal Aid Commission of NSW)- Applicant S Kavanagh (Director of Public Prosecutions (NSW))- Respondent

LOWER COURT District Court JURISDICTION : LOWER COURT 03/41/0094 FILE NUMBER(S) : LOWER COURT Bell DCJ JUDICIAL OFFICER :

- 1 - IN THE COURT OF CRIMINAL APPEAL 60048/2004 IPP JA HULME J HISLOP J WEDNESDAY 30 JUNE 2004 REGINA v DARREN JAMES TURNER Judgment 1 IPP JA: I agree with Hislop J. 2 HULME J: I agree with the orders proposed by Justice Hislop and generally with his Honour's reasons. I would, however, add the following remarks.