Turner v R [2017] NSWCCA 304

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Turner v R [2017] NSWCCA 304 Hearing dates: 9 October 2017 Decision date: 08 December 2017 Before: Basten JA at [1]; Adamson J at [114]; Bellew J at [120] Decision: (1) Grant the applicant leave to file the amended notice of appeal dated 14 November 2017.

(2) Grant the applicant leave to withdraw his pleas of guilty on counts 6 and 10 and quash the convictions on those counts.

(3) Grant the applicant leave to appeal against the aggregate sentence imposed in the District Court on 4 November 2016.

(4) Set aside the aggregate sentence imposed in the District Court on 4 November 2016.

(5) Resentence the applicant to a non-parole period of 3 years to date from 26 November 2015, expiring on 25 November 2018, with a balance of term of 1 year 6 months expiring on 25 May 2020.

(6) The date on which the applicant is first eligible for parole is 25 November 2018. Catchwords: CRIME – appeal – leave to appeal against sentence – offender convicted of producing child pornography and child abuse material under Crimes Act 1900 (NSW) s 91H(2) – whether error in assessing objective seriousness of offending – whether aggregate sentence manifestly excessive – whether Court should resentence offender

CRIME – offences – production of child pornography and child abuse material under Crimes Act 1900 (NSW) s 91H(2) – whether "private parts" extends to depictions of clothed areas – whether "breasts of a female person" extends to bare chest of pre-pubescent girl – whether pleas of guilty should have been accepted – whether miscarriage of justice – whether convictions should be set aside