Turner v R [2016] NSWCCA 208

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Turner v R [2016] NSWCCA 208 Hearing dates: 27 June 2016 Decision date: 30 September 2016 Before: Leeming JA at [1]; McCallum J at [2]; R S Hulme AJ at [3] Decision: In respect of Proceedings 2009/00058502:

(i) Grant leave to appeal in respect of the sentence imposed for assault occasioning actual bodily harm;

(ii) Allow the appeal in respect of that sentence;

(iii) Quash that sentence, and in lieu;

(iv) Sentence the Applicant to imprisonment for a non-parole period of 9 months commencing on 17 April 2011 together with a further term of 3 months;

(v) Refuse leave to appeal in respect of the sentence imposed for intentionally damaging property.

In respect of Proceedings 2011/00142641:

(i) Grant leave to appeal in respect of the sentences imposed for the offences of attempting to have aggravated sexual intercourse and having aggravated sexual intercourse;

(ii) Allow the appeal in respect of those sentences;

(iii) Quash those sentences and in lieu;

(iv) In respect of the offence of attempted aggravated sexual intercourse, sentence the Applicant to imprisonment for a fixed term of 4 years commencing on 17 September 2011;

(v) In respect of each of the offences of aggravated sexual intercourse, sentence the Applicant to imprisonment for a non-parole period of 5 years commencing on 17 June 2012 together with a further term of 3 years commencing on 17 June 2017;