R v Turnbull (No. 26) [2016] NSWSC 847

Supreme Court New South Wales

Medium Neutral Citation: R v Turnbull (No. 26) [2016] NSWSC 847 Hearing dates: 15 June 2016 Decision date: 23 June 2016 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: 1. Following the verdict of the jury on 27 May 2016, the Offender was convicted by the Court of the offence of murdering Glendon Turner. 2. The Offender is convicted of the offence of detaining Robert Strange for advantage contrary to s.86(1) Crimes Act 1900. 3. For these offences, the Offender is sentenced to an aggregate sentence of imprisonment for 35 years, comprising a non-parole period of 24 years commencing on 29 July 2014 and expiring on 28 July 2038, with a balance of term of 11 years commencing on 29 July 2038 and expiring on 28 July 2049. Catchwords: CRIMINAL LAW – sentence – murder – shooting of environmental officer – multiple shots and wounds – offence committed against public official whilst exercising public functions – offences committed whilst criminal proceedings against Offender before Land and Environment Court for offences under the Native Vegetation Act 2003 – history of investigation by Office of Environment and Heritage – intention to kill – offender 79 years old at the time of the offences – partial defence of substantial impairment rejected by jury – mental condition of Offender at time of offences – offender suffering from adjustment disorder but not a serious mental disorder – offences of substantial objective gravity – importance of general deterrence – relevance of age and health on sentence – need for sentences to reflect objective seriousness of offences.

CRIMINAL LAW – sentence – detain for advantage – detain environmental officer for the purpose of killing another environmental officer – offence committed against public official whilst exercising public functions – history of investigation by Office of Environment and Heritage – victim detained for a protracted period whilst he undertook the shooting of his colleague – plea of guilty – importance of general deterrence – high objective seriousness – accumulation and concurrency – aggregate sentence Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes (Sentencing Procedure) Amendment (Family Member Victim Impact Statement) Act 2014 Crimes Act 1900 Environment Protection and Biodiversity Conservation Act 1999 (Cth) Native Vegetation Act 2003 Cases Cited: Barton v R [2009] NSWCCA 164 Chief Executive of the Office of Environment and Heritage, Department of Premier and Cabinet v Turnbull [2014] NSWLEC 150 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1 Jeffries v R [2008] NSWCCA 144; 185 A Crim R 500 Markarian v The Queen [2005] HCA 25; 228 CLR 357 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 Mun v R [2015] NSWCCA 234 Ngo v R [2013] NSWCCA 142; 233 A Crim R 121 Potts v R [2012] NSWCCA 229; 227 A Crim R 217 R v Borkowski [2009] NSWCCA 102; 195 A Crim R 1 R v Fraser [2005] NSWCCA 77 R v Holyoak (1995) 82 A Crim R 502 R v Isaacs (1997) 41 NSWLR 374 R v McLean [2001] NSWCCA 58; 121 A Crim 484 R v Ngo (No. 3) [2001] NSWSC 1021; 125 A Crim R 495 R v Previtera (1997) 94 A Crim R 76 R v Simpson [2001] NSWCCA 534; 53 NSWLR 704 R v Turnbull (No. 5) [2016] NSWSC 439 R v Turnbull (No. 25) [2016] NSWSC 831 Siganto v The Queen [1998] HCA 74; 194 CLR 656 The Queen v Olbrich [1999] HCA 54; 199 CLR 270 Turnbull v Director-General, Office of Environment and Heritage [2014] NSWLEC 84; 212 LGERA 163 Turnbull v Director-General, Office of Environment and Heritage (No. 2) [2014] NSWLEC 112 Vaovasa v R [2007] NSWCCA 253; 174 A Crim R 116 Texts Cited: --- Category: Sentence Parties: Regina (Crown) Ian Robert Turnbull (Offender) Representation: Counsel: Mr PE Barrett (Crown) Mr T Alexis SC; Ms C O'Neill (Offender)