Martin v The Queen

Case [2015] ACTCA 38


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:

Martin v The Queen; Martin v The Queen

Citation:

[2015] ACTCA 38

Hearing Dates:

12 February 2014; 5 May 2014

DecisionDate:

13 August 2015

Before:

Refshauge, Burns and Ross JJ

Decision:

The appeal against conviction is dismissed.

The appeal against sentence is dismissed.  

Category:

Principal Judgment

Catchwords:

CRIMINAL LAW – Particular Offences – offences against the person – murder.

APPEAL – Appeal to the Court of Appeal – appeal against jury verdict and sentence – evidence – judicial discretion to admit or exclude evidence – whether the trial judge erred in failing to discharge the jury following a non-responsive disclosure by a witness that he met the accused in custody – whether the trial judge erred in admitting graphic photographs – whether the trial judge erred in admitting tendency evidence of the accused’s criminal behaviour – whether the trial judge erred in admitting tendency evidence of the non-aggressiveness of the deceased where no notice was given of intention to adduce such evidence – whether the trial judge erred in admitting listening device evidence where that evidence was obtained in consequence of an unlawful arrest of the accused – jury directions and closing submissions – whether the trial judge erred in allowing the Crown to make closing submissions regarding conclusions that could be drawn in relation to blood spatter evidence – whether the trial judge gave an inaccurate summary of the evidence in jury directions – appeal dismissed.

APPEAL – Appeal to the Court of Appeal – Crown appeal against sentence – whether the trial judge erred in failing to consider or properly consider the relative objective seriousness of the offence – whether the trial judge erred in failing to take proper account of sentencing practice – whether the trial judge erred in failing to take proper account of sentencing practice in setting a ratio between the head sentence and non-parole period – whether the trial judge erred in failing to take into account the rehabilitative and protective functions of parole – whether the trial judge made findings of fact that were not supported by the evidence – appeal dismissed.

Legislation Cited:

Crimes Act 1900 (ACT) ss 196, 203, 212

Crimes Act 1914 (Cth) Pt 1C, s 23A (6)
Crimes (Sentencing) Act 2005 (ACT) s 33
Evidence Act 2011 (ACT) ss 97, 135, 137, 138
Human Rights Act 2004 (ACT)

Cases Cited:

Briginshaw v Briginshaw (1938) 60 CLR 336

Bugmy v The Queen (1990) 169 CLR 525
Bugmy v The Queen (2013) 249 CLR 571
Crofts v The Queen (1996) 186 CLR 427
Hanania v The Queen [2012] NSWCCA 220
House v R (1936) 55 CLR 499
Islam v R [2013] ACTCA 10
Maric v The Queen (1978) 20 ALR 513
Power v The Queen (1974) 131 CLR 623
Santos v The Queen (1987) 75 ALR 161
Simic v The Queen (1979-1980) 144 CLR 319
R v Dungay [2001] NSWCCA 443
R v Halliday (2009) 23 VR 419

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AGLC
Martin v The Queen [2015] ACTCA 38
Case
[2015] ACTCA 38
Decision Date

CaseChat Overview and Summary

The case of *Martin v The Queen* concerned an appeal to the Court of Appeal of the Supreme Court of New South Wales. The appellant, Martin, appealed against his conviction for murder and the sentence imposed. The Crown also appealed against the sentence.

The Court of Appeal was required to determine several grounds of appeal. These included whether the trial judge erred in failing to discharge the jury after a witness disclosed that he had met the accused in custody, whether graphic photographs and tendency evidence of the accused's criminal behaviour were wrongly admitted, and whether tendency evidence regarding the deceased's non-aggressiveness was admissible without prior notice. Further issues related to the admission of listening device evidence obtained following an allegedly unlawful arrest, the Crown's closing submissions on blood spatter evidence, and alleged inaccuracies in the trial judge's summary of evidence to the jury. The Crown's appeal against sentence raised questions about the objective seriousness of the offence, sentencing practice, the ratio between the head sentence and non-parole period, and the consideration of parole's rehabilitative and protective functions.

The Court of Appeal dismissed the appeal against conviction, finding no error in the trial judge's rulings on the admissibility of evidence or jury directions. Similarly, the Crown's appeal against sentence was dismissed, with the Court finding that the trial judge had properly considered the relevant factors and sentencing principles.

Consequently, both the appeal against conviction and the appeal against sentence were dismissed.

Orders

Orders of the court

The appeal against conviction is dismissed.

The appeal against sentence is dismissed.

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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