R v Turner

R v Turner - [2019] NSWDC 618 - NSWDC 2019 case summary — Zoe

Agreed facts

The victim, Glenn Witherspoon (aged 46 years) owned and managed an accountancy practice, Central Coast Taxation Group Pty Ltd, trading as Central Coast Taxation. The business was located at Anzac Road, Long Jetty and has a total of seven employees.
Sometime in 2015 Witherspoon answered a "Wanted" advertisement for childrens' clothing and toys posted by the offender Cheree Turner (DOB:xx.01.1990) on a Facebook group for buying and selling items on the Central Coast. Witherspoon and Turner communicated by Facebook, Messenger and telephone. Turner told Witherspoon that she did not have much money, and Witherspoon said he would give her the items for free because he could afford to.
A short time later Witherspoon attended an address in Wyoming supplied by Turner and dropped off the items. At that time Turner introduced Witherspoon to her partner, the co-offender Robert Pughe (DOB: xx.03.1988).
Around 3 or 4 months later, Witherspoon received a Facebook message from Turner, whom he had not heard from since their meeting in Wyoming. Turner told Witherspoon that she and Pughe had broken up. She said Witherspoon seemed like a nice person and asked him if he wanted to meet with her. Over the next few months Witherspoon and Turner communicated via Facebook and SMS message. They organised to meet in person on a few occasions during this time, but on each occasion Turner failed to turn up.
During that period, Witherspoon and Turner exchanged sexually explicit photographs via SMS message. Also during that time, Witherspoon voluntarily provided sums of money to Turner on several occasions, ranging from $200 to $400, for vehicle repairs, storage facility fees and groceries. Turner told Witherspoon she would repay him, but he did not expect to be repaid and was not bothered by it. Witherspoon deposited those funds into Turner's Westpac bank account via Internet banking.
On 28 July 2016, Turner sent an SMS message to Witherspoon requesting $400 so she could purchase a new mobile phone. Witherspoon transferred the money to her account when he arrived at work that morning.

[13]

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

On 26 June 2017 the offender Turner contacted Witherspoon by phone and told him that she would be visiting his office the following day.
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".
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.
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".
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".
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
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.

[15]

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

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.
Witherspoon then received a telephone call from Turner who told him to meet with her at xx Nacooma Road, Buff Point.
At this point, Witherspoon told some of his friends what had been happening to him.
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.

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.
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.

[16]

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

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…
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
At 7.47am Witherspoon received a further email from the same address which read, "Tick tock tick tock".
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
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.
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.
Witherspoon transferred $16,000 into Janine Turner's Westpac bank account via EFT.

[18]

Investigation and Arrest

At around 11.30am Witherspoon's employee Tracey Morris contacted Wyong Police Station and reported the matter to police.
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.
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.
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.
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.
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."
Turner and Pughe were subsequently charged with the matters before the Court.
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.
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.
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.

[20]

Assessment of objective seriousness

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.
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."
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."
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.
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.
Having regard to those factors, I assess the objective seriousness of this offence is being in the middle of the range.
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.
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.

[22]

Subjective circumstances

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).
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.
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.

The offender's background is outlined in the report of Mr Knight (Exhibit 3) and the Sentencing Assessment Report (Exhibit A).
Mr Knight conducted a psychiatric assessment of the offender on 3 June 2019.
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.
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.
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."
The offender also reported further sexual abuse by persons who would visit the family home to purchase cannabis from her mother.
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.
The offender reported that she has the ongoing support of her mother and a number of her siblings.
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.

[34]

Submissions on sentence

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.
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.
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."
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.

At a glance

Court

Decision date

Before

Source

Judgment (44 paragraphs)

Parties

Cases Cited (7)

Cited By (2)