Martin v R

Case [2016] NSWCCA 104


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Martin v R [2016] NSWCCA 104
Hearing dates:3 March 2016
Decision date: 02 June 2016
Before: Bathurst CJ at [1]
Hall J at [6]
R A Hulme J at [91]
Decision:

(1)   Leave to appeal granted in respect of the sentences imposed by the District Court.

 

(2)   The sentences imposed by the District Court are quashed.

 

(3)   The applicant is re-sentenced as follows:

 

(a) In respect of Count 1, the applicant is sentenced to a term of imprisonment comprising a non-parole period of 1 year and 10 months to commence on 30 December 2014 and to expire on 29 October 2016, with a balance of term of 1 year and 2 months to expire on 29 December 2017.

 

(b) In respect of Count 2 the applicant is sentenced to a term of imprisonment comprising a non-parole period of 2 years and 3 months to commence on 30 June 2015 and to expire on 29 September 2017, with a balance of term of 2 years and 3 months to expire on 29 December 2019.

 The applicant will become eligible for release on parole when the non-parole period expires on 29 September 2017.
Catchwords: CRIMINAL LAW – sentencing appeal – applicant sentenced in respect of offences of aggravated break, enter and commit larceny and assault with intent to rob armed with offensive weapon – early pleas of guilty – sentence imposed in respect of offence of armed robbery was appropriate notwithstanding sentencing judge’s misstatement as to the discount on the basis of a late plea incorporated in the Henry criteria – special circumstances found on the basis of applicant’s need for drug rehabilitation – failure to appropriately adjust statutory ratio in relation to total effective sentence – where judge found special circumstances other than on basis of accumulation – limited intervention warranted – no error in determining the head sentences in respect of the offences – the sentences were not manifestly excessive
Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Crimes Act 1900
Criminal Appeal Act 1912
Cases Cited: Alpha v R [2015] NSWCCA 225
Arsiotis v R [2015] NSWCCA 275
Baxter v R [2007] NSWCCA 237; 173 A Crim R 284
Carroll v R [2015] NSWCCA 219
Daniels v R [2016] NSWCCA 35
Hutchen v R [2015] NSWCCA 101
Jodeh v R [2011] NSWCCA 194
Kentwell v The Queen [2014] HCA 37; (2014) 252 CLR 601
Markarian v R [2005] HCA 25; (2005) 228 CLR 357
Marrow v R [2015] NSWCCA 282
MD v R [2015] NSWCCA 37
O'Connell v R [2016] NSWCCA 43
R v Boney [2008] NSWCCA 313
R v Henry [1999] NSWCCA 111; 46 NSWLR 346
R v McNaughton [2006] NSWCCA 242; 66 NSWLR 566
R v SY [2003] NSWCCA 291
R v Thomson; R v Houlton (2000) 49 NSWLR 383
R v Todorovic [2008] NSWCCA 49
Sabongi v R [2015] NSWCCA 25
Speer v Regina [2004] NSWCCA 118
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Martin v R [2016] NSWCCA 104
Case
[2016] NSWCCA 104
Decision Date

CaseChat Overview and Summary

The case involved an applicant appealing against his sentence for aggravated break, enter and commit larceny and assault with intent to rob armed with an offensive weapon. The applicant had pleaded guilty to the charges and was sentenced by a trial judge. The sentencing appeal was heard in the High Court of Australia. The central issue was whether the sentence imposed was appropriate, particularly in light of the trial judge's misstatement regarding the discount for an early guilty plea, and whether the judge appropriately considered special circumstances and the statutory ratio in determining the total effective sentence.

The court examined whether the sentence was appropriate despite the misstatement regarding the discount for the early guilty plea. The court noted that the judge had incorporated the discount into the Henry criteria, which was sufficient for the purposes of the appeal. The court also considered whether special circumstances were correctly identified and whether the statutory ratio was appropriately adjusted. The court found that while the trial judge identified special circumstances, they were not based on the accumulation of offences. The court held that limited intervention was warranted due to the failure to appropriately adjust the statutory ratio but found no error in the determination of the head sentences for the offences.

The court concluded that the sentences imposed were not manifestly excessive and did not constitute a significant error. The appeal was dismissed, and the original sentences were upheld. The court's decision highlights the importance of accurately applying sentencing principles and adjusting the statutory ratio while considering special circumstances. The final orders were that the appeal was dismissed and the original sentence was affirmed.

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