NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Turner v Regina [2006] NSWCCA 166
HEARING DATE(S): 18 May 2006
JUDGMENT DATE: 24 May 2006
JUDGMENT OF: McClellan CJ at CL at 1; Hislop J at 2; Johnson J at 31
DECISION: (1) Leave to appeal granted; (2) Appeal dismissed.
CATCHWORDS: Criminal law - Sentencing - Cumulation - Mental illness - Sentence not manifestly excessive.
LEGISLATION CITED: Crimes Act 1900 - s 112(1)
PARTIES: Applicant - Robert John Norman Turner Respondent - Regina
FILE NUMBER(S): CCA 2006/1077
COUNSEL: Applicant - Mr H. Dhanji Respondent - Mr D. Arnott SC
SOLICITORS: Applicant - G.J. Piscioneri & Co Respondent - New South Wales Director of Public Prosecutions
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/41/0150
LOWER COURT JUDICIAL OFFICER: Garling DCJ
LOWER COURT DATE OF DECISION: 16 February 2006
- 1 - IN THE SUPREMECOURT OF NEW SOUTH WALES COURT OF CRIMINAL APPEAL 2006/1077 CCAP
McCLELLAN CJ at CL HISLOP J JOHNSON J
24 May 2006 Robert John Norman TURNER v REGINA Judgment
1 McCLELLAN CJ at CL: I agree with Hislop J.
HISLOP J: Introduction
2 On 6 February 2006 the applicant pleaded guilty to a charge that on 7 June 2005 he did break and enter a dwelling house and commit therein a serious indictable offence namely assault occasioning actual bodily harm contrary to the Crimes Act 1900 s 112(1). The maximum penalty for the offence is 14 years imprisonment.
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