Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Martin v R [2016] NSWCCA 273 Hearing dates: 30 November 2016 Decision date: 30 November 2016 Before: Hoeben CJ at CL at [1];
Adams J at [2];
R A Hulme J at [5]Decision: 1. Leave to appeal against sentence granted.
2. Appeal against sentence dismissed.Catchwords: CRIMINAL LAW – appeal against sentence – armed robbery with wounding – Crimes Act 1900 s 98 – no failure to identify and assess factors relevant to the objective seriousness of the offence – no failure to give effect to a finding of special circumstances in imposing a sentence partially accumulated on a balance of parole – no error in having regard to the victim as a “vulnerable person” in the circumstances – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) s 98
Criminal Procedure Act 1986 (NSW) s 166
Crimes (Sentencing Procedure) Act 1999 (NSW) s 44(2)Cases Cited: Callaghan v R [2006] NSWCCA 58; 160 A Crim R 145
Caristo v R [2011] NSWCCA 7
R v Henry [1999] NSWCCA 111; 46 NSWLR 346
R v Huynh [2003] NSWCCA 239
R v Moffitt (1990) 20 NSWLR 114
R v Tadrosse [2005] NSWCCA 145; 65 NSWLR 740Category: Principal judgment Parties: Ridge Martin (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
Mr S Schaudin (Applicant)
Mr E Balodis (Crown)
Legal Aid NSW
Solicitor for Public Prosecutions
File Number(s): 2014/261981 Decision under appeal
- Court or tribunal:
- District Court
- Date of Decision:
- 11 September 2015
- Before:
- King SC DCJ
- File Number(s):
- 2014/261981
Judgment
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HOEBEN CJ at CL: I agree with R A Hulme J and the orders which he proposes. I also agree with the additional comments of Adams J.
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ADAMS J: I agree with the reasons of R A Hulme J and the orders he proposes. I wish to make two comments.
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Firstly, as to ground 2 of the appeal, it depends upon a not altogether clear description of the special circumstances upon which the learned sentencing judge intended to act. His Honour used the phrase, “There was a need for a more substantial period of time on parole…[than would otherwise be the case]”. This is not the same as saying there should be a substantial extension of the period of parole allowed by the statutory calculus. His Honour was saying, in my view, that some extension was necessary which would, when taken with that calculus, be substantial and this is what happened. I am unpersuaded that the relatively slight extension demonstrates an inconsistency between his Honour’s reasons for the special circumstances and the result.
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As to ground 3 of the appeal, it seems to me that by referring to “vulnerability”, (somewhat ambiguous in light of the statutory language in s 21A(2)(l)), his Honour was doing no more than describing in ordinary speech the circumstances of the offence itself, which he had set out in detail. The use of such a term was not procedurally unfair, since the…
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- AGLC
- Martin v The Queen [2016] NSWCCA 273
- Case
- [2016] NSWCCA 273
- Decision Date
CaseChat Overview and Summary
The court examined the arguments presented by Martin and considered whether the sentencing judge had failed to identify and assess factors relevant to the objective seriousness of the offence. The court found that the sentencing judge had indeed considered all relevant factors and had not overlooked any special circumstances. Furthermore, the court concluded that the sentencing judge had not erred in considering the victim as a vulnerable person in the circumstances of the case. The court held that the sentence was not excessive and that the trial judge had correctly balanced the interests of the community and Martin's rights.
In light of the above findings, the court dismissed Martin's appeal. The court held that there was no error in the trial judge's assessment of the case or the appropriateness of the sentence imposed. The court emphasised the importance of considering all relevant factors in sentencing and the need for a balanced approach that takes into account the interests of both the victim and the offender. The appeal was dismissed, and the original sentence stood.
The High Court of Australia dismissed Martin's appeal against sentence, confirming the trial judge's assessment of the case and the appropriateness of the sentence imposed. The court found that the trial judge had not erred in identifying and assessing factors relevant to the seriousness of the offence, had not overlooked any special circumstances, and had correctly considered the victim as a vulnerable person. The original sentence was upheld, and Martin's appeal was dismissed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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