Turner v R [2015] NSWCCA 322

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Turner v R [2015] NSWCCA 322 Hearing dates: 18 September 2015 Decision date: 18 December 2015 Before: Meagher JA at [1]; Hall J at [74]; Schmidt J at [81] Decision: (1) Extend time to file notices of appeal against conviction and leave to appeal against sentence to 12 June 2014. (2) Dismiss the appeal against conviction. (3) Refuse leave to appeal against sentence. Catchwords: CRIMINAL LAW – conviction appeal – whether prosecution evidence improperly obtained or manufactured – whether conduct of prosecution case abuse of process – whether trial miscarried because prosecution witnesses not called – no impropriety on the part of police or prosecution established in relation to conduct of trial – no miscarriage of justice

CRIMINAL LAW – sentence appeal – whether error of the kind identified in Muldrock v The Queen [2011] HCA 39; 244 CLR 120 established Legislation Cited: Crimes Act 1900 (NSW), s 33 Crimes (Sentencing Procedure) Act 1999 (NSW), s 3A Criminal Procedure Act 1986 (NSW), ss 68, 75 Evidence Act 1995 (NSW), s 184 Government Information (Public Access) Act 2009 (NSW) Cases Cited: Libke v The Queen [2007] HCA 30; 230 CLR 559 M v The Queen [1994] HCA 63; 181 CLR 487 MFA v The Queen [2002] HCA 53; 213 CLR 606 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 R v Ignjatic (1993) 68 A Crim R 333 Ratten v The Queen [1974] HCA 35; 131 CLR 510 SKA v The Queen [2011] HCA 13; 243 CLR 400 Category: Principal judgment Parties: Donovan Bruce Turner (Applicant) Regina (Crown) Representation: Counsel: Applicant (in person) H Baker (Crown)