R v Turner

H66271061/2: Demand with menaces by accusation person has committed serious indictable offence (s.249K(2) Crimes Act 1900)

1. Sometime later that morning, Witherspoon received an SMS message from Turner which said words to the effect of, "You agree to loan me $10,000. If you don't, I will plaster information on Facebook and Instagram and do anything to destroy your business." Witherspoon then telephoned Turner and told her he never agreed to give her $10,000. Turner said words to the effect of, "That's it, I'm gunna accuse you of raping me and sleeping around."
2. At around 8.00pm that evening Witherspoon agreed to meet Turner at the 7‑Eleven in Long Jetty, where Turner produced an A3 document which Witherspoon signed. Witherspoon told Turner he was only agreeing to give her the money so the matter could end and he did not want any further contact with her. The document read, in part: I cheree Turner, agree to never uploading nor telling anyone about conversions[sic], texts, pitures or anything ever discussed Between myself & Glenn Witherspoon also to anyone or on social media Platform, also Deleting texts, pitures & facebook messages. Nothing to ever be brought up again after reciving 4 payments of $2500 Made to my bank account… & never anything more & also losing all contact with each other I also agree that I or anyone none to me will never approach glenn Witherspoon or his business to cause harm or grief…
3. Turner signed the document, but Witherspoon did not.
4. Later that evening, Witherspoon made the first payment of $2,500 to Turner's Westpac bank account via electronic funds transfer ("EFT"). He then made three further payments of $2,500 on 1 August 2016, 2 August 2016 and 5 August 2016, for a total of $10,000.

H66271061/3: Demand with menaces intending to obtain gain/cause loss (s.249K(1) Crimes Act 1900)

1. On 24 August 2016 Witherspoon received an SMS message from a telephone number he did not recognise. The message contained a threat and a demand for $25,000 to be transferred to the offender Turner's bank account.
2. Later that day Turner contacted Witherspoon by telephone and demanded Witherspoon pay her $25,000. Witherspoon then transferred $25,000 to Turner's Westpac bank account via EFT. He phoned her and advised that the funds had been transferred. During that conversation Witherspoon said, "How can you do this, how dare you, making up false allegations," to which Turner replied words to the effect of, "Talk is cheap, but your possessions are expensive. You better pay up otherwise goodbye business and you won't see your kids again."

H66271061/4: Demand with menaces intending to obtain gain/cause loss (s.249K(1) Crimes Act 1900) - Form 1

1. On 19 September 2016 Turner attended the office of Central Coast Taxation and spoke with Witherspoon. Turner demanded a payment of $20,000. Witherspoon provided a typed statement which both he and Turner signed. The document read, in part: I Cheree Turner relinquish all previous arrangements as at 19th September 2016. I now agree with a further payment of $20,000 that this will be final payment for anything. I trust that this will be final demand and that all materials and call history will be removed from the phone. No phone numbers will be kept. No further contact will be made. No one will be notified of Glenn's details or further attempts will be made…
2. Witherspoon transferred the following amounts into Turner's Westpac bank account via EFT: 19.09.2016 $5,000 19.09.2016 $10,000 21.09.2016 $15,000 $25,000

H66271061/5: Demand with menaces intending to obtain gain/cause loss (s.249K(1) Crimes Act 1900)

1. In around October 2016 Witherspoon changed his mobile phone number. Turner and her partner, the co-offender Pughe, began to contact him by telephoning his office number or his work email address. The calls Witherspoon received at his office were often abusive and he became fearful of opening his emails. Witherspoon was unable to eat or sleep properly during this time.
2. On Sunday, 2 October 2016 Witherspoon received an email from the offender Turner which read "Its really important u call me or il come n see u at office glenn". On 11 October 2016, Witherspoon received a further email from that address which read: Hey any chance u can do 7 tomorrow I'll 100% get u to do the other 6 weekly i really need it for the down payment please. can u ring me in morning
3. During the month of October 2016, Witherspoon transferred the following amounts into Turner's Westpac bank account via EFT: 12.10.2016 $13,000 18.10.2016 $10,000 19.10.2016 $2,500 19.10.2016 $1,500 19.10.2016 $2,000 25.10.2016 $10,000 25.10.2016 $5,000 31.10.2016 $20,000 $64,000

H66271061/6: Demand with menaces intending to obtain gain/cause loss (s.249K(1) Crimes Act 1900) - Form 1

1. On 14 November 2016 Witherspoon began making payments to Pughe's St George Bank account. The following amounts were transferred via EFT: 14.11.2016 $3,000 16.11.2016 $15,000 18.11.2016 $12,000 $30,000

H66271061/7: Demand with menaces intending to obtain gain/cause loss (s.249K(1) Crimes Act 1900)

1. On Friday, 16 December 2016 at 5.10pm the offender Turner sent Witherspoon an email which read, in part: Y did u put 10 in my account but yet 55 is out of my account been transferred to some account…I don't know what ur up too with rob but yous must think ur so fkn funny. I have stuck to my word n left u alone but if u think I'm going to let you 2 fuck me over n take all my Christmas n moving money u have another thing coming now you can pay me bk 100k in 4 lots every month starting from 2day ive fkn had it im done with you too. My mate is facing 20 yrs n is on the run in getting him to come see you both if I don't have my money u would have heard what he done on the news at Toukley he dont give a fuck anymore n neither do I. I also have recordings of u saying threats about ur mate with no teeth from Sydney that dont give a fuck. stealing money from work plus every convo we have had so if u go to the police well so the fuck will i n work cover ur employees n ur ex n ur friends fk the pope if I have too… i don't want to hear ur fkn lies n excusses if 25 of the 100 aint in my account by 7pm tonight im giving my mate ur address n emailing all ur employees our conversations…
2. Witherspoon transferred the following amounts to Turner's Westpac bank account via EFT between 19 December 2016 and 22 December 2016: 19.12.2016 $6,000 20.12.2016 $2,000 21.12.2016 $10,000 21.12.2016 $15,000 22.12.2016 $17,000 $50,000
3. Between 22 December 2016 and 23 January 2017 Witherspoon's business premises closed for the Christmas-New Year break.

H66271061/8: Demand with menaces intending to obtain gain/cause loss (s.249K(1) Crimes Act 1900) - Form 1

1. On 24 February 2017, Witherspoon transferred $10,000 to Turner's Westpac bank account via EFT. This was in response to a threat from the co-offender Pughe that if he did not pay, Pughe would burn Witherspoon's house to the ground with him inside.
2. On 28 February 2017, Witherspoon transferred a further $8,000 to Turner's Westpac bank account via EFT.

H66271061/9: Demand with menaces intending to obtain gain/cause loss (s.249K(1) Crimes Act 1900)

1. On Friday, 24 March 2017 at 10.52am Witherspoon received an email from jacksbackhoes@xxx.com with the subject line "Ring rob plz", which read, "Need to talk about something urgent very important dont ignore plz".
2. Witherspoon then transferred $2,000 to the co-offender Pughe's St George bank account via EFT with the notation "The End".
3. Witherspoon transferred the following amounts to Turner's Westpac bank account: 24.03.2017 $1,240 24.03.2017 $2,000 27.03.2017 $5,000 30.03.2017 $2,000 30.03.2017 $3,000 30.03.2017 $3,000 $16,240
4. At around this time the co-offender Pughe told Witherspoon that the offender Turner had "mates" watching Witherspoon's every move. Pughe and Turner told Witherspoon that Pughe was in debt to the Rebels OMCG, and that if Witherspoon did not meet their demands immediately they would tell the OMCG where Witherspoon was. Pughe and Turner also threatened to tell the Rebels OMCG that Witherspoon was dealing prohibited drugs on their "patch"; and told Witherspoon that if he did not make payments to them the Rebels would take him into the Watagan Mountains and sexually assault him. Pughe and Turner again made it clear to Witherspoon that they were aware of where his parents lived and where his daughter attended school.
5. Witherspoon began to sleep some nights at the Central Coast Taxation office as he felt unsafe in his residential home.

H66271061/10: Demand with menaces intending to obtain gain/cause loss (s.249K(1) Crimes Act 1900) - Form 1

1. On 24 May 2017 the co-offender Pughe attended Pacific Smiles Dental at Bateau Bay for an appointment. At 12.06pm Pughe attended the reception area to finalise the bill. He told the receptionist, Kelly Jackson, that his uncle, an accountant from The Entrance, would pay the bill via credit card over the telephone. Pughe provided the phone number for Central Coast Taxation and Jackson telephoned the office.
2. Jackson spoke with the receptionist at Witherspoon's office who stated that Pughe was not known at the office and was not related to anyone who worked there. Pughe and his partner became annoyed and said they would go and speak with his uncle to obtain the money. Witherspoon became aware of the conversation and telephoned Turner. He told Turner to stop calling the office and disrupting his business. Turner replied that she could do whatever she wanted, and that if Witherspoon wanted to "play games" then it was "game on".
3. Pughe then spoke with Witherspoon over the phone and said words to the effect of, "Keep your dog out of my business or I come to the office and throw petrol over them all and burn the office to the ground. You've got 5 minutes to put all the money into the account." Pughe demanded $115 to pay the dentist's bill, together with $2,000 spending money for Pughe and $2,000 for Turner who needed a "drink".
4. Witherspoon immediately transferred $2,115 and $2,000 into Turner's Westpac bank account via two separate EFT transactions.
5. Sometime after lunch, Pughe returned to Pacific Smiles Dental at Bateau Bay and paid his account in full in cash.

H66271061/11: Demand with menaces intending to obtain gain/cause loss (s.249K(1) Crimes Act 1900) - Form 1

1. Throughout May 2017 and into June 2017 Witherspoon continued to make payments to Turner's Westpac bank account in response to the demands of Turner and Pughe.
2. Also sometime in May 2017 Witherspoon telephoned the Australian Federal Police seeking help. He was told that the matter was a "State" matter and that the Federal Police could not assist him.
3. Witherspoon continued to transfer the following amounts to Turner's Westpac bank account between 25 May 2017 and 16 June 2017: 25.05.2017 $900 25.05.2017 $2,000 29.05.2017 $7,000 01.06.2017 $900 01.06.2017 $2,000 02.06.2017 $3,000 08.06.2017 $900 08.06.2017 $2,000 08.06.2017 $1,000 13.06.2017 $1,000 13.06.2017 $7,000 14.06.2017 $3,000 15.06.2017 $1,000 16.06.2017 $6,000 $37,700

H66271061/12: Demand with menaces intending to obtain gain/cause loss (s.249K(1) Crimes Act 1900)

1. On 26 June 2017 the offender Turner contacted Witherspoon by phone and told him that she would be visiting his office the following day.
2. On 27 June 2017 Turner and Pughe attended Witherspoon's office at around 6.00pm. Witherspoon was at the office alone. Turner and Pughe demanded more funds from Witherspoon. Witherspoon became angry and said words to the effect of, "I've had enough, I don't deserve this." Pughe slammed his fist on Witherspoon's desk and told Witherspoon that his family was in a gang in Sydney and would visit Witherspoon and "tear him to shreds".
3. Turner and Pughe demanded $15,000 to purchase a new car for Turner's mother Janine Turner, and $25,000 to purchase a new car for Turner. Turner told Witherspoon she was a "princess" and needed a BMW vehicle to keep up with her "princess lifestyle". Pughe demanded $25,000 for "spending money". Turner also demanded that rental payments of $700.00 per week be paid by Witherspoon, as well as $5,000 spending money per week for 10 weeks. As a result of the threats, Witherspoon reluctantly agreed to pay these funds.
4. Witherspoon typed up a document containing admissions from Turner that she had been extorting him for a lengthy period of time, and had to date received at least $801,140.00 in her bank account as a result of the extortion. Turner signed the document, which was incorrectly dated "26 June 2016".
5. Witherspoon also typed up a second document addressed to "Local Chief Inspector, Central Coast", again incorrectly dated 21 June 2016; confirming that Pughe had also extorted Witherspoon on several occasions and made various threats to harm him. Pughe signed this document and dated it "27/6/17".
6. Between 27 June 2017 and 25 August 2017, Witherspoon transferred the following amounts to Turner's Westpac bank account via EFT: 27.06.2017 $2,000 29.06.2017 $1,400 30.06.2017 $5,000 03.07.2017 $3,000 03.07.2017 $2,000 04.07.2017 $6,300 05.07.2017 $1,400 06.07.2017 $2,000 07.07.2017 $15,000 07.07.2017 $5,000 07.07.2017 $2,000 13.07.2017 $10,000 14.07.2017 $25,700 20.07.2017 $5,700 24.07.2017 $5,000 24.07.2017 $700 24.07.2017 $25,000 24.07.2017 $30,000 24.07.2017 $8,000 03.08.2017 $45,000 03.08.2017 $700 03.08.2017 $5,000 10.08.2017 $700 10.08.2017 $5,000 14.08.2017 $20,000 17.08.2017 $700 17.08.2017 $5,000 21.08.2017 $700 21.08.2017 $5,000 $243,000
7. Throughout this period, Pughe or Turner would telephone Witherspoon to request the instalment payments. On some of these occasions Pughe told Witherspoon that the Rebels OMCG were at his door because he owed them drug money, and if Witherspoon did not transfer funds Pughe would pass his details on to them.

H66271061/13: Demand with menaces intending to obtain gain/cause loss (s.249K(1) Crimes Act 1900) - Form 1

1. Turner continued to demand payments from Witherspoon to cover her rental expenses and "spending money". On 7 September 2017 at 11.44am and 11.46am Witherspoon received emails from the offender Turner demanding that Witherspoon telephone her straightway or else she would phone his office number.
2. Between 7 September 2017 and 14 September 2017 Witherspoon transferred the following amounts into Turner's Westpac bank account via EFT: 07.09.2017 $22,800 11.09.2017 $11,400 15.09.2017 $5,700 $39,900
3. On Saturday, 9 September 2017 Witherspoon told his employee Marissa Chapman that he had been extorted for sums in excess of $300,000. Witherspoon was upset and crying. Chapman asked if he had been to the police and Witherspoon said he had previously contacted police.

H66271061/14: Demand with menaces intending to obtain gain/cause loss (s.249K(1) Crimes Act 1900)

1. On Wednesday, 18 October 2017 Witherspoon received several emails throughout the day from the offender Turner, all of which read, "Need u to do 10 today n 10 Friday." Witherspoon did not make any payment to Turner. At 4.13pm Witherspoon received a further email from Turner which read, "Need that 10 asap". Witherspoon again did not make any payment.
2. Witherspoon then received a telephone call from Turner who told him to meet with her at xx Nacooma Road, Buff Point.
3. At this point, Witherspoon told some of his friends what had been happening to him.
4. On Thursday, 19 October 2017 Witherspoon received several emails from the offender Turner, the content of which included:

• 9.26am U better fkn ring me now or im coming there now. getting cunts to ring theatning me mate wrong time mate i did u a favour dont forget that. had a house full of people n ur mate was on speaker ring me or games on u n ir corruption will be on the news tonight.. i stuvk to my side of the deal now u wanna play games wel see
• 9.31am Il be taking every recording to the poilice as well as all the times u got me to extort people for u the drugs u funded my bro so u could get extra money everything absolutely everything
• 10.13am I want 10 now cunt swear u got 5 mins im picking a mate up n coming in. im sick of u n ur games n threats. I should just say fuck it n take everything i have on u to crs n my lawyer n leak everything out n put u in jail instead
• 10.27am This is my mate john ive known him for yrs im gunna tell him ur throwing his family around rob has recordings too mate. fkn ring me glenndeno [attachment: Facebook profile of John Ibrahim]
• 2.21pm Are you fkn serious smart ass i said i needed it b4 i pick kids up from school at 2.30
• 5.36pm Fuck et il get the 50 tomorrow n 100 1st November n il send rob the recording of ur mate this morning.

1. Later that afternoon Witherspoon attended Turner's residence at xx Nacooma Road, Buff Point. He was accompanied by two male acquaintances, who stood out on the road. Witherspoon approached Turner, who was seated on the front veranda smoking. Turner became verbally aggressive and Witherspoon began to walk away. Turner signalled for Witherspoon and the two males to come back. Turner began saying that her uncle ran the Rebels OMCG. One of Witherspoon's acquaintances said to Turner, "We can be Rebels too, just leave the bloke alone, he's not going to pay any money." Witherspoon and the two males then left.
2. At 11.19pm Witherspoon received another email from Turner which read: Tell ur mates to come back now while theres guys bigger then them here n not just a pregnant women n 4 kids. as if I wouldnt call in my family n robs family. sending people to my house pow pow mother fucker they didnt intimidate me at all good try but ahaha. dont forget i know where ur mum lives ur ex as well kids school. u wanna stoop that low cunt. now u pay up by tomorrow the lot n the info u snitch. Or u have declared war mother fucker i swear on my kids cunt. btw my hole house is covered in cameras dickhead next time smile bitch. i aint ever did nothing to u i even protected u from my own brother but mate i should have let him come at u. ring me tonight or by 9am cos i mean that i aint waiting to Monday fkn dog no cunt comes to my house while im 38 weeks pregnant n have 4 sleeping kids. pay up n give me what u owe by tomorrow or its war 100% u will see.

H66271061/15: Demand with menaces intending to obtain gain/cause loss (s.249K(1) Crimes Act 1900)

1. At 1.19am on Friday, 20 October 2017, Witherspoon received an email from the offender Turner which read: This is exactly how its going ur very silly mate. u will pay me the 20 in my mums account by 10am. then u can pay the 120 off. 6 pw i will not contact u at all ever as long as 6 every Friday by 9am when the hole 150 has been paid u ring me to give me info. so after I get 20 tomorrow by 10am n 6 every Friday by 9am I will never contact u again or tell anyone about tonight n tell ur wanna be mates its sorted…or dont pay I will harass u… n tell every mother fucker about tonight n give out urs n familys address n have ur bussniss shut down n have on camera u n ur mates harassing a pregnant women at her home were kids sleep hhmmm… ring me by 9.30am n tell me how u want it …if I don't hear from u by 9.30am it eams u want to go all on with it n im happy for that cos i know whos coming out on top either way ahaha. biggest kisses mwahhhhh…
2. At 7.46am on Friday, 20 October 2017 Witherspoon received an email from youraclown17@xxx.com with the subject line, "Ring cheree dog". The email read: You better ring cheree cunt i mean it glenn Witherspoon going to my familys house where kids were with your black pebels i mean rebels bring the black dogs today watch me put a 22 in there head and then skull fuck u in the same hole you dont ring by 830 im comin looking for you cunt and just remember knowones untouchable so wanna play you better sleep with 1 eye open coz im gonna fuckn gonna make ur life hell for threatening a pregnant women i also want to know what there rank is and what chapter they comw from ring me now if i don't here from you its war im gonna fuck you up see you around
3. At 7.47am Witherspoon received a further email from the same address which read, "Tick tock tick tock".
4. At 7.53am Witherspoon received a further email from youraclown17@xxx.com which read: Glenn if u do not contact me its on i have already spoken to some known associates of mine who stand behind me and family 100% so tell your rebel mates unlucky im gonna take there patch do they know anyone from the coast chapter theres in big trouble comin up unannounced pffff funny as rimg me or get them black dogs 2
5. At 8.59am Witherspoon received an email from chereelouise@xxx.com which read, "4 3 2 1…. ahaha or im off to goro". Witherspoon took the reference to "goro" to mean Gorokan, the suburb where his mother resided.
6. Witherspoon did not respond to any of the emails. He then received a phone call from Pughe on his old mobile phone number (04xx xxx 777). Pughe told Witherspoon that he would come after Witherspoon's daughter and mother unless Witherspoon paid him that day. PUGHE said he would visit Witherspoon's mother and get the money from her. Witherspoon told Pughe he could only come up with $16,000 that day. He told Pughe that he would go to the police if his mother was harmed in any way. Witherspoon also spoke to Cheree Turner, who directed him to transfer the money into her mother Janine Turner's bank account. Cheree Turner told Witherspoon she wanted a further $10,000 the following Friday.
7. Witherspoon transferred $16,000 into Janine Turner's Westpac bank account via EFT.

H66271061/16: Demand with menaces intending to obtain gain/cause loss (s.249K(1) Crimes Act 1900) - Form 1

1. On Friday, 27 October 2017 at 10.51am Witherspoon received an email from glenndeaddog@xxx.com with the subject line "Ring me glenn now", which read: Glenn ring me asap cunt or im taking video to cops of u threatening pregnant woman youll lose everything cunt and then sleep with 1 eye open mutt cos everyone knows someone tell you what 1 hr or ill be at long jetty fair enough
2. At 11.00am Witherspoon received a further email from the same address which read, "Guess whos going to school today mutt pull your dogs up or its a eye fora eye".
3. Sometime that morning, Witherspoon's receptionist Marissa Chapman took a telephone call from a male purporting to be "Joe Fonzerelli". The male said words to the effect of, "Glenn was supposed to do something for me and he hasn't," and demanded to speak with Witherspoon. Chapman transferred the call to Witherspoon. Witherspoon recognised the male's voice as that of Pughe. Pughe verbally abused Witherspoon and demanded more money. Witherspoon terminated the call. His employees Chapman and Tracey MORRIS spoke with him about the phone call, and Witherspoon told them that the person who had called was one of the people who had been extorting him.

Investigation and Arrest

1. At around 11.30am Witherspoon's employee Tracey Morris contacted Wyong Police Station and reported the matter to police.
2. At around 12.15pm Detective Senior Constables Erickson and Milton met with Witherspoon at a location in Bateau Bay. Witherspoon told them he was the victim of an extortion involving Cheree Turner and Robert Pughe. Witherspoon told police that as a result of being continually threatened by those persons he had been transferring sums of money into their nominated bank accounts. Witherspoon attended Wyong Police Station and made an initial statement to police.
3. On the morning of Saturday, 28 October 2017 at around 10.15am police attended xx Nacooma Road, Buff Point to execute Search Warrant 435/17. After knocking at the front door it became apparent that there were no persons at the premises. Police forced entry to the premises and commenced the search.
4. After returning to Wyong Police Station Detective Senior Constable Milton received a telephone call from Cheree Turner inquiring as to the reason for the search at her premises. Milton requested Turner and Pughe attend the police station to discuss the matter.
5. At around 3.40pm that afternoon Cheree Turner and Robert Pughe attended Wyong Police Station with a solicitor. They were both placed under arrest. Pughe said, "Yes but there were contracts." Cheree Turner began to cry.
6. Police then administered both accused with a Special Caution. Both Turner and Pughe declined to participate in a recorded interview with police. Cheree Turner said words to the effect of, "…Look I never meant to hurt Glenn. You won't believe it but I do have feelings for him, not love, but just feelings like a friend. I never wanted any of this to get this far. I just got carried away with all the money. It just got out of control. Suddenly the kids could have all the things they wanted and I could be a good mum. We had holidays, got them all the things they needed, all the toys and everything."
7. Turner and Pughe were subsequently charged with the matters before the Court.
8. At around 9.30am on Sunday, 29 October 2017 police attended the residence of Cheree Turner's mother, Janine Turner. Janine Turner told police that Cheree had asked her if she could transfer some money into her bank account as Cheree's account was not working. Janine Turner told police that she had no knowledge as to where Cheree Turner was getting the money from.
9. While police were speaking with Janine Turner, Cheree Turner walked outside. Cheree Turner told police, "Mum has nothing to do with it…I asked Mum if Glenn could put some money into her account and mum withdrew it for me not knowing what was happening." At this point police offered Cheree Turner a further opportunity to participate in an interview, which she declined.
10. Detective Senior Constable Erickson had a further conversation with Cheree Turner. He asked Turner what she did with the money, to which Turner replied, "We went on holidays and bought that car." Turner pointed to a BMW vehicle parked in the driveway. Turner told police that the vehicle cost $23,000. Turner said she planned to sell the vehicle and return the money to Witherspoon.

Representative conduct

1. The offences outlined above represent specific incidents which took place between 25 August 2016 and 27 October 2017 (being a total sum of $573,955.00). During this period, the victim Witherspoon was extorted by the offender for a total sum of $993,845.00.

Assessment of objective seriousness

1. The Agreed Facts clearly disclose very serious objective criminality. This was a sustained and vicious campaign against the victim lasting 15 months which had very significant detrimental consequences to his life. General deterrence is a paramount consideration on sentence. A civilised society cannot tolerate such grave and abhorrent behaviour as demonstrated by this offender and her co-offender.
2. In The Queen v Son Vo [1998] VSC 319 Callaway JA (with whom Philllips CJ and Batt J agreed) observed as follows: "Blackmail is an offence that is frequently hard to detect, especially where, as in this case, the perpetrator preys, or attempts to prey, on the fear that his or her conduct inspires."
3. Callaway JA, after acknowledging that blackmail is a crime that requires the victim to be put in fear and kept in fear, stated as follows: "… For that reason, it is essential that those who have the courage to report the offence or to give evidence for the Crown know that their efforts will not be wasted and that the offenders will be appropriately punished."
4. In relation to offences of blackmail the court must ensure that sentences are imposed that deter others from committing similar offences. The court has an important role to play in imposing punishment which has, as one of its purposes, to protect the community from such offending.
5. In assessing the objective seriousness of the offence of demand with menaces by accusation that a person has committed a serious indictable offence (section 249K(2), Crimes Act), I have taken into account the following factors: 1. The nature of the threatened accusation that was made, namely that the victim had "raped" the offender. 2. The menaces and demands included demanding $10,000 and threatening to place information on Facebook and Instagram and do anything to "destroy" the victim's business. 3. The amount of $10,000 was paid to the offender's bank account.
6. Having regard to those factors, I assess the objective seriousness of this offence is being in the middle of the range.
7. In assessing the objective seriousness of each offence of demand with menaces intending to obtain a gain or causing a loss (section 249K (1) (a), Crimes Act, I have taken into account the following factors: 1. The nature of the demands and menaces including threats towards the victim's business, threats of harm to his children and his mother, threats to burn his house to the ground with him inside, threats that victim was being watched by the offender's "mates", threats that the Rebels OMCG would become involved if the victim did not pay demands and that he would be taken to the Watagan Mountains and be sexually assaulted, making the victim aware that the offenders knew where his parents lived and where his daughter attended school, and calls made to the offender's business which disrupted the operation of that business. 2. The amount of the loss incurred with respect to each offence ranges from $4115 - $243,000. 3. The conduct was planned and organised. 4. The charges are representative counts, the 7 offences relating to demands totalling $434, 240 in circumstances where the total amount of the loss is $993,845 (also taking into account the loss referrable to the Form 1 offences). 5. The offending conduct only ceased because one of the victim's employees reported the matter to police.
8. I regard the objective seriousness of sequences 3, 5, 7, 9, 14 and 15 as being in the middle of the range. I assess the objective seriousness of sequence 12 as above the middle of the range in circumstances where the amount of the demand with respect to that offence was for a total amount of $243,000.

Victim impact statement

1. The victim Glenn Witherspoon has prepared a victim impact statement. He describes the emotional impact of the offending as follows: "..since the constant threats for me in my daughter's life and future I was always on edge. I would always ensure doors were locked at home and a constant watch at my place of business. When I was alone everything was locked up like Fort Knox and windows covered. I am still on edge after these events."
2. He also describes a very significant financial impact caused by the offending in circumstances where he funded the payments of the demands by obtaining finance or borrowing from friends or clients. I note that none of the funds have been recovered.
3. The offending also had a significant impact on his business in circumstances where he lost staff.
4. He concludes as follows: "..this all has impacted on my health, welfare and my business. Financially, it has affected me not only in the money taken but also the time to deal with Cheree and others constantly in the state of depression also affected the stream of income as work was not being completed consistently. Then the time away from the business to deal with this. I am coming to terms with this and trying to relax and destress. I am trying to live a normal life again."
5. The victim impact statement describes the devastating effects of the offending upon the victim. The court has no doubt that the effects of the offending upon the victim and his family were significant and are ongoing. The court is hopeful that with the passage of time the victim and his family are able to look forward to a more positive future.
6. One of the purposes of sentencing is to recognise the harm done to the victim (section 3A (g), Crimes (Sentencing Procedure) Act).

Subjective circumstances

1. The offender is now 29 years old. She has a criminal history as an adult commencing in 2009 when she was dealt with for an offence of larceny (fined), assault occasioning actual bodily harm (section 9 bond), assault occasioning actual bodily harm (community service order 100 hours).
2. I am satisfied that the offender's criminal history disentitles her to the leniency that would be available to a person with no previous convictions.
3. The following evidence was tendered on behalf of the offender during the sentence proceedings:

• Exhibit 1 - Letter from the offender 6 June 2019;
• Exhibit 2 - Letter from Talara Freeman 4 June 2019;
• Exhibit 3 - Report of Lee Knight, clinical nurse consultant (Forensic Mental Health) 30 June 2019.

1. The offender's background is outlined in the report of Mr Knight (Exhibit 3) and the Sentencing Assessment Report (Exhibit A).
2. Mr Knight conducted a psychiatric assessment of the offender on 3 June 2019.
3. The offender is a Torres Straight Island and Maori woman who resides alone on the Central Coast. She has separated from her partner, the co-offender Robert Pughe. She has 5 children under the age of 10 years. All of her children live with her. She receives benefits from Centre link.
4. The offender reported that she was born in Gosford. She has a younger brother and 4 half sisters. She reported that she has a good relationship with her siblings. Her parents separated when she was 2 years of age. She describes a good relationship with her mother. She described a poor relationship with her father and stated that she "hates him". She described him as a "heroin addict" who had been in and out of her life. She has not had any contact with the father since the age of 16 years. She described that her mother tried to care for her and her siblings. She reported that her mother had 8 boyfriends over the years.
5. Mr Knight noted the following history in relation to the offender: "Ms Turner alleged that her brother was sexually assaulted in front of her by a paternal uncle when she was age 5. She stated that this occurred twice over a one-week period. She stated that she witnessed domestic violence at home and recalled one occasion where her mother had had her "thumb cut off" and was "hit up and down the street" by a violent partner. She stated that this nearly killed her mother. She stated that the mother was stabbed 5 times by another partner. Ms Turner stated that she was physically abused by her mother's partners. She stated that she was sexually assaulted by 3 different men aged 7, 9 and 10. She stated that she has never told anyone of this abuse. She described one period of abuse as being perpetrated by a family friend who took her for drives and sexually abused her. She does not have any ongoing contact with any of her abusers."
6. The offender also reported further sexual abuse by persons who would visit the family home to purchase cannabis from her mother.
7. The offender reported that she has had one serious relationship with her co-offender which commenced when he was age 17 years and she was age 15 years. She stated that they separated in October 2018 as a consequence of his illicit drug use. He is the father of all 5 of her children and she indicated that she still "loves and misses" him.
8. The offender reported that she has the ongoing support of her mother and a number of her siblings.
9. The offender reported a history of excessive gambling indicating that at times she lost up to $5000 a day. She reported that she gambled at this rate for about 12 months.

Education/employment

1. The offender reported an unremarkable schooling history. She reported that in high school she frequently truanted after her mother was incarcerated when she was part way through Year 8. She began smoking cannabis whilst at school and was suspended from school in excess of 10 times.
2. She described herself as "living on the streets" at the age of 16 years.
3. At 17 years of age she began working in her uncle's shop, a position which she said she has held intermittently over a number of years.
4. In 2016, the offender reported that she opened a bricklaying company with her ex-partner. She stated that she assisted in the business with bookwork and other administrative tasks.

The offender's account of the offending

1. In relation to the offender's account of the offences, Mr Knight stated as follows: "Ms Turner advised me that she accepts the statement of facts as written. She describes her behaviour as being "putrid" and that she "100% wishes that [she] hadn't committed the offences". She state that she was sorry for her behaviour and that she is willing to do whatever it takes to ensure that she does not offend again. Ms Turner advised me that she had a complicated relationship with the victim, however this did not excuse her offending. She stated that she had spent most of the money on gambling and "spoiling" her children with gifts. It is not clear as to whether there is any causative links between the onset of Ms Turner's illness and her criminal offending. However, it is likely that Ms Turner is significantly affected by prior traumatic events in her life which may make her susceptible to increased impulsivity and, at times, impaired judgement. Whilst her current legal situation has undoubtedly exacerbated her underlying psychopathology; it is likely that she was suffering from at least some symptoms of a mental condition at the time of the offending."
2. The offender reported to the Community Corrections Officer that she had commenced gambling counselling on 27 June 2019 through Wesley Counselling.

Past psychiatric history

1. The offender reported that she has never been admitted to a psychiatric hospital and she has never received any form of mental health treatment in the community. She indicated that at approximately 13 years of age she was briefly followed up by Headspace after attempting to deliberately self-harm.
2. She reported that whilst attending high school she was "diagnosed" with conduct disorder and other behavioural issues.
3. Around 18 months ago the offender reported she was diagnosed with postnatal depression by her GP after the birth of her 5th child however, she did not receive any form of psycho pharmacotherapy or psychological treatment. Mr Knight noted that medical records from the offender's treating GP in 2017 indicated that she was given a diagnosis of anxiety and depression.

Medical history

1. The offender reported that she was generally healthy.
2. She reported that she was diagnosed with cervical cancer in 2016. She indicated to Mr Knight that until recently she had avoided attending any follow-up appointments in order to avoid dealing with this problem. The offender had attended for a Pap smear on the day of Mr Knight's assessment (3 June 2019) with a view to recommencing treatment for cervical cancer. The diagnosis of cervical cancer was confirmed by medical records examined by Mr Knight. The records indicated that in around 2016 she was diagnosed with a high-grade lesion. She was pregnant at the time and it was recommended that she have a repeat Pap smear after the birth of her baby. Mr Knight noted that there was no evidence in the medical records that she had attended for a Pap smear between 2016 and his assessment on 3 June 2019. I note that there was no information before the Court in relation to the outcome of the Pap smear conducted on 3 June 2019.

Drug and alcohol history

1. The offender denied any difficulties with alcohol or illicit substances. She reported that she had smoked cannabis between the ages of 11 to 19 and had recently recommenced use 3 months prior to the assessment due to increased levels of stress.

Mental State assessment

1. During the mental state assessment the offender described her mood as being "tired, confused and sad". Mr Knight was of the opinion that there was no evidence of any formal thought disorder and the offender did not appear to be suffering from any psychotic phenomena. The offender reported suffering symptoms of anxiety every day. She also reported suffering from nightmares as a consequence of her childhood sexual abuse. The offender also describes fleeting suicidal ideation however, she had no considered plan or method.
2. Mr Knight was of the opinion that the offender suffers from generalised anxiety disorder and a depressed mood with suicidal ideation. He was of the opinion she may well meet the diagnostic criteria for post-traumatic stress disorder however, formal assessment of that disorder was outside the scope of his assessment.

Treatment recommendations

1. Mr Knight recommended that, should the offender receive a custodial sentence, she will require a referral to the Justice Health and Forensic Mental Health Network mental health team. Mr Knight recommended that the mental health team be advised of her latest Pap smear result and any treatment requirements of her specialists. Mr Knight made further recommendations for treatment within the community including pharmacotherapy as directed by the offender's treating GP.
2. The offender reported to the Community Corrections Officer that she had obtained a mental health care plan and a referral to a psychologist.

The relevance of mental health on sentence

1. Having regard to Mr Knight's opinion, I am satisfied the offender has a generalised anxiety disorder.
2. In Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 at [177] McClellan CJ at CL summarised the principles relevant to sentencing an offender suffering from a mental illness as follows: 1. Where the state of the person's mental health contributes to the commission of the offence in a material way, the offender's moral culpability may be reduced. Consequently, the need to denounce the crime may be reduced with a reduction in sentence; 2. It may also have the consequence that an offender is an inappropriate vehicle for general deterrence resulting in a reduction in the sentence which would otherwise have been imposed; 3. It may mean that a custodial sentence may weigh more heavily on the person. Because the sentence will be more onerous for that person, the length of the prison term or the conditions under which it is served may be reduced; 4. It may reduce or eliminate the significance of specific deterrence; 5. Conversely, it may be that because of a person's mental illness they present more of a danger to the community. In those circumstances considerations of specific deterrence may result in an increased sentence.
3. Having regard to the evidence of Mr Knight, whilst I am not satisfied there is any causal link between the offender's mental illness and the offending, I am satisfied that custody will be more onerous for the offender and accordingly, I propose to moderate the otherwise appropriate sentence.

Other material tendered on sentence

1. Talara Freeman provided a letter to the court (Exhibit 2). Ms Freeman indicated that she has known the offender for over 15 years. She indicated that she had "witnessed first-hand" the trauma during the offender's childhood.
2. In her opinion, it would be detrimental for the offender's children should the offender be incarcerated. She describes the offender as "dedicated and passionate about her children". She also indicated the offender is remorseful for her actions. She indicated that she remains supportive of the offender and will be able to assist her rehabilitate in the community.

The relevance of the offender's background on sentence

1. It was submitted on behalf of the offender that, having regard to the offender's traumatic and deprived background, that the offender's moral culpability is reduced (see Bugmy v The Queen [2013] HCA 37 at [42] to [44]).
2. I am satisfied, having regard to the offender's experiences in childhood, that some moderation of the otherwise appropriate sentence is appropriate in circumstances where she did suffer trauma and deprivation during her early years.

Section 23, Crimes (Sentencing Procedure) Act

1. The offender has provided assistance in circumstances where she has signed an undertaking to give evidence in accordance with the signed Agreed Facts.
2. In accordance with section 23, Crimes (Sentencing Procedure) Act, I am satisfied that, whilst the evidence is not critical to the prosecution of the co-offender (in circumstances where there is a strong Crown case against him) it remained of assistance. Further, I am satisfied that the evidence appears truthful, the assistance was offered at a time before the co-offender had pleaded guilty, the offender has obtained no benefit by reason of the assistance, it is anticipated that the offender may suffer harsher custodial conditions because of the assistance and it is accepted that the offender's family may be at risk as a consequence of the assistance. I am also satisfied that the assistance concerns the offence of which the offender is being sentenced.
3. In all the circumstances, I propose to allow a 10% discount for past assistance and a 5% discount for future assistance. The 10% discount for past assistance is on the basis that the assistance was given before the co-offender pleaded guilty. The 5% discount for future assistance is on the basis that, despite the co-offender having now pleaded guilty, the offender could still be required by the Crown to give evidence in the sentence proceedings.
4. Accordingly, the total discount on sentence, taking into account the plea of guilty, will be 40%.

Submissions on sentence

1. In determining the appropriate sentence, I have had regard to the oral submissions on behalf of the Crown and Mr O'Sullivan on behalf of the offender.
2. The Crown submitted that only a full-time custodial sentence was appropriate having regard to the objective criminality. The Crown relied upon the following authorities: R v Hadjou (1989) 11 Cr App R 29, R v Barroso [1998] VSC 249, R v Son Vo [1998] VSC 319, Attorney General's Reference No 40 of 2002 (John Alexander Collard) [2003] 1 Cr App R (S) 98.
3. Whilst the authorities relied upon by the Crown deal with a very wide range of factual circumstances, the common theme is that the courts regard blackmail as an extremely serious offence. One of the reasons it is regarded as so serious is because of the possible consequences of this type of offending. Attorney General's Reference No 40 of 2002 (John Alexander Collard) is an example of where the consequences were catastrophic in circumstances where the victim of the blackmailing offence in that matter committed suicide. Lord Justice Judge made the following observations (at 515): "..it is a horrible example of the possible consequences of this type of blackmail and why it is regarded as such a wicked offence, once identified by Lord Lane CJ as one of the most vicious crimes in the calendar of criminal offences."
4. Mr O'Sullivan on behalf of the offender submitted that the Court would find the offender is remorseful, has good prospects of rehabilitation, that whilst she has a record it is not significant, that her traumatic and deprived childhood reduces her moral culpability, that she has significant support from her mother and family and she has the care of 5 children under the age of 10 years who are highly dependent upon her. I note that there is no evidence before the court in relation to the arrangements for the children should the offender receive a custodial sentence. Ultimately, it was submitted on behalf of the offender that, should the total term of the sentence be 3 years or less, the Court could properly consider the imposition of an intensive corrections order to be served in the community.

Prospects of rehabilitation

1. I am satisfied that the offender has reasonable prospects of rehabilitation in circumstances where she has good family support, she has a limited criminal history and she has been assessed by Community Corrections as a medium to low risk of reoffending.
2. I am also satisfied she is unlikely to reoffend.

Remorse

1. The offender prepared a letter to the court (Exhibit 1) stating that she was "truly sorry" for her behaviour. She indicated that if she had the opportunity she would tell the person involved how "truly deeply sorry" she is in relation to the offending.
2. The offender indicated that at the time of the offending she had a "massive gambling problem and was in debt to the wrong bunch of people".
3. The offender indicated that after being charged with the offences she has engaged in hairdressing for a few hours a day whilst her children were at school. She has also been doing volunteer work at the local football club.
4. She stated as follows: "I have stopped gambling, not put myself into debt with the wrong people, am a happy single mother of 5 beautiful children who I love with all my heart and more than anything in the world I have a stable home for them, a stable job, an income and have my anxiety and depression in control. I know what I have done was selfish, hurting and so very wrong and that I sincerely apologise and am sorry for my actions."
5. I give those expressions of remorse limited weight in circumstances where they are not on oath and have not been subject to testing by cross examination (see Imbornone v R [2017] NSWCCA 144 per Wilson J at [57]).

Form 1 offences

1. In sentencing the offender, I take into account the seven Form 1 matters in accordance with the principles enunciated in Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146. The seven matters on the Form 1 relate to funds totalling $159,715.

Totality

1. In circumstances where I am dealing with the offender for more than one offence, I have had regard to the principle of totality. The relevant sentencing principle to consider is whether the sentence for one offence can comprehend and reflect the criminality of the other. If so, the sentences should be concurrent but if not, there should be some accumulation: see Cahyadi v R [2007] NSWCCA 1.
2. In circumstances where each offence discloses very serious objective criminality, I consider that partial accumulation is required to reflect the total criminality (in particular, that the criminal offending was for a period of 15 months). However, there will be a large degree of concurrency in circumstances where the offender is to be sentenced for a significant number of offences arising from the one episode of criminality.

Special circumstances

1. It was submitted on behalf of the offender that the court would vary the statutory ratio between the non-parole period and the parole period in circumstances where firstly, it is the offender's first time in custody and, secondly, the offender has a significant gambling problem and mental health issues in respect of which she will require assistance upon release.
2. Having regard to those factors, I am satisfied that it is appropriate to vary the statutory ratio pursuant to section 44(2B), Crimes (Sentencing Procedure) Act.

Aggregate sentence

1. I propose to impose an aggregate sentence pursuant to section 53A(1), Crimes (Sentencing Procedure) Act.

Determination

1. I have had regard to the purposes of sentencing as set out in section 3A, Crimes (Sentencing Procedure) Act.
2. Having considered all possible alternatives, in respect of each offence, I am satisfied that no penalty other than imprisonment is appropriate (section 5(1), Crimes (Sentencing Procedure) Act) 1999).
3. I have had regard to the objective gravity of each offence, the relevant prescribed maximum penalties and the offender's subjective circumstances.

Indicative sentences

1. In accordance with section 53A(2)(b), Crimes (Sentencing Procedure) Act, the sentences that would have been imposed for each offence had separate sentences been imposed instead of an aggregate sentence, are as follows:
2. H66271061/2 - demand with menaces by accusation that a person has committed a serious indictable offence, taking into account seven Form 1 offences, a starting term of 7 years, discounted by 40% for the plea of guilty, leaving a total term of 4 years and 2 months.
3. H66271061/3, 5, 7, 9, 14, 15 - in respect of each offence of demand with menaces intending to obtain a gain or cause a loss, a starting term of 3 years, discounted by 40% for the plea of guilty, leaving a total term of 1 year and 9 months.
4. H66271061/12 - demand with menaces intending to obtain a gain or cause a loss, a starting term of 4 years discounted by 40% for the plea of guilty, leaving a total term of 2 years and 4 months.
5. In circumstances where the total aggregate sentence will exceed 3 years an intensive corrections order is not an available sentencing option. In my view, even if the appropriate aggregate sentence was less than 3 years, only a period of full-time imprisonment would be appropriate having regard to the very serious objective criminality.

Orders

1. In relation to each offence the offender is convicted.
2. Taking into account the Form 1 offence, the offender is sentenced to a total aggregate sentence of 10 years imprisonment to date from 7 August 2019 and expire on 6 August 2029 with a non-parole period of 6 years and 6 months to date from 7 August 2019 and expire on 6 February 2026.
3. The earliest date upon which the offender will be eligible for parole is 6 February 2026.
4. I have found special circumstances and varied the statutory ratio between the non-parole period and the parole period pursuant to section 44(2B), Crimes (Sentencing Procedure) Act.

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DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 04 November 2019