Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Martinez v R [2020] NSWCCA 250 Hearing dates: 23 September 2020 Date of orders: 2 October 2020 Decision date: 02 October 2020 Before: Hoeben CJ at CL [1]
Rothman J at [2]
Bellew J at [3]Decision: 1) Leave to appeal granted.
2) Appeal dismissed.
Catchwords: CRIMINAL LAW – Offences – Sentence – Appeal – Importation of a commercial quantity of cocaine – Whether sentence manifestly excessive – Whether non-parole period manifestly excessive – Necessity to consider all relevant circumstances for the purposes of determining the non-parole period not just those circumstances favourable to the offender – Serious offending involving the importation of a substantial quantity of cocaine – Premeditated offending committed for financial gain – Reliance on sentences imposed in other cases of similar offending – Complaint of manifest excess not made out – Appeal dismissed
Legislation Cited: Criminal Code 1995 (Cth)
Cases Cited: Budiman v R (1998) 102 A Crim R 411
Bugmy v The Queen (1990) 169 CLR 525; [1990] HCA 18
Deakin v The Queen (1984) 58 ALJR 765; [1984] HCA 31
Director of Public Prosecutions (DPP) (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45
Klomfar v R [2019] NSWCCA 61
Le Cerf v R (1975) 13 SASR 237
Power v The Queen (1974) 131 CLR 623; [1974] HCA 26
R v Dodd [1991] 57 A Crim R 349
R v Holland (2011) 205 A Crim R 429; [2011] NSWCCA 65
Category: Principal judgment Parties: Francisco Molina Martinez – Applicant
Regina – RespondentRepresentation: Counsel:
Solicitors:
I Fraser – Applicant
D Petrushnko – Respondent
Haller Grad Lawyers – Applicant
Commonwealth Director of Public Prosecutions – Respondent
File Number(s): 2018/353687 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court of NSW
- Jurisdiction:
- Criminal
- Date of Decision:
- 19 December 2019
- Before:
- Her Honour Judge Beckett
Judgment
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HOEBEN CJ AT CL: I agree with Bellew J and the orders which he proposes.
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ROTHMAN J: I agree with Bellew J.
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BELLEW J: On 10 July 2019 Francisco Molino Martinez (the applicant) pleaded guilty before the Local Court to a charge of importing a commercial quantity of a border controlled drug, namely cocaine, contrary to s 307.1(1) of the Criminal Code 1995 (Cth). The maximum penalty for that offence is imprisonment for life.
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The applicant adhered to that plea when he appeared before the District Court for sentence on 8 November 2019. On 19 December 2019 he was sentenced to 7 years’ imprisonment with a non-parole period of 4 years and 8 months’ imprisonment.
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The applicant now seeks…
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- AGLC
- Martinez v The Queen [2020] NSWCCA 250
- Case
- [2020] NSWCCA 250
- Decision Date
CaseChat Overview and Summary
The court examined the principles governing sentencing in cases of serious drug offences, particularly the importation of a substantial quantity of cocaine. It was essential to determine whether the sentence imposed was manifestly excessive by considering the totality of circumstances, not just those favourable to the offender. The court also considered the appellant's criminal history, the degree of premeditation, and the financial gain derived from the offending. The primary legal issue was whether the sentence, including the non-parole period, was manifestly excessive when all relevant circumstances were taken into account.
In its reasoning, the court highlighted that the offence involved a significant quantity of cocaine and was premeditated, indicating a serious level of criminal conduct. The court noted that the sentence imposed was not disproportionate when compared to other cases of similar offending. It emphasised the necessity to consider all relevant circumstances, including those that were not favourable to the offender, when determining the non-parole period. The appeal was dismissed as the court found that the sentence was not manifestly excessive, and the appellant's complaint did not succeed. The sentence imposed by the lower court was upheld.
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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