R v Garrath Mark Turnbull [2018] NSWDC 142

District Court New South Wales

Medium Neutral Citation: R v Garrath Mark Turnbull [2018] NSWDC 142 Hearing dates: 11 May 2018 Date of orders: 08 June 2018 Decision date: 08 June 2018 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [92] Catchwords: Using carriage service to threaten to kill; multiple domestic violence offences; both Commonwealth and State offences; aggregate sentences. Legislation Cited: Crimes Act 1900 Crimes Act 1914 (Cth) Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999 Criminal Code Act 1995 (Cth) Criminal Procedure Act 1986 Cases Cited: Berryman v R [2017] NSWCCA 297 DPP & DPP Commonwealth v Swingler [2017] VSCA 305 JM v R [2014] NSWCCA 297 Munda v Western Australia (2013) 249 CLR 600 R v Cahyadi [2007] NSWCCA 1; 168 ACrimR 41 R v Hamid [2006] 164 ACrimR 179 R v Killick [2016] 91 ALJR 131 R v Van Ryn [2016] NSWCCA 1 Category: Sentence Parties: Director of Public Prosecutions (Crown) Garrath Mark Turnbull (Offender) Representation: Solicitors: D Mansour (Crown) D Cohen (Offender) File Number(s): 17/9642 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender, who was born on 24 September 1980, is to be sentenced in respect of the following offences: 1. H63430121/2 - Use carriage service to threaten to kill pursuant to s 474.15 (1) of the Criminal Code Act 1995 (Cth) ("the Criminal Code"). The maximum penalty for this offence is 10 years imprisonment. There is no Standard Non-Parole Period. 1. H63430121/4 - Break and enter with intent to commit serious indictable offence (stalking/intimidation) pursuant to s 113(1) of the Crimes Act 1900. The maximum penalty for this offence is 10 years imprisonment. There is no Standard Non-Parole Period. 1. H63430121/12 – Use carriage service to threaten to kill pursuant to s 474.15(1) of the Criminal Code. The maximum penalty for this offence is 10 years imprisonment. There is no Standard Non-Parole Period. 1. The offender has asked to be taken into account on a Form 1, in relation to sequence 4, the following offence: H63430121/3 - Intimidate with intention of causing fear of harm (domestic) pursuant to s 13(1) Crimes (Domestic and Personal Violence) Act 2007. The maximum penalty for this offence is 5 years imprisonment and/or 50 penalty units. The offender admitted his guilt in respect of this offence. 1. The following related offences are specified in a Certificate pursuant to s 166 of the Criminal Procedure Act 1986: 1. H63430121/5 - Contravene prohibition/restriction in AVO (domestic) pursuant to s 14(1) of the Crimes (Domestic and Personal Violence) Act 2007. 2. H63430121/7 - Contravene prohibition/restriction in AVO (domestic) pursuant to s 14(1) of the Crimes (Domestic and Personal Violence) Act 2007. 3. H63430121/9 - Contravene prohibition/restriction in AVO (domestic) pursuant to s 14(1) of the Crimes (Domestic and Personal Violence) Act 2007. 4. H63430121/010 - Contravene prohibition/restriction in AVO (domestic) pursuant to s 14(1) of the Crimes (Domestic and Personal Violence) Act 2007 Each of the four offences carry a maximum penalty of 2 years imprisonment and/or 50 penalty units. 1. Also contained in Ex A is a Certificate pursuant to s 16BA of the Crimes Act 1914 (Cth) in respect to sequence 12, namely, H63430121/11 – Use carriage service to menace/harass/offend pursuant to s 474.17(1) of the Criminal Code. The maximum penalty for that offence is 3 years imprisonment. The offender also admitted his guilt in respect of this offence.