Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Martino v R [2024] NSWCCA 93 Hearing dates: 22 May 2024 Date of orders: 12 June 2024 Decision date: 12 June 2024 Before: Harrison CJ at CL at [1];
Walton J at [2];
Chen J at [3]Decision: (1) Grant leave to the applicant to appeal against the sentence imposed on 11 August 2023.
(2) Dismiss the appeal against the sentence.
Catchwords: CRIME – appeals – appeals against sentence – one count of dishonestly obtain by deception a financial advantage – where applicant is self-represented – where applicant has raised eight grounds of appeal – alleged error in the backdating of sentence to account for pre-sentence custody – alleged errors in weight afforded to various factual matters – no error by sentencing judge established – leave to appeal granted – appeal dismissed
Legislation Cited: Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Criminal Appeal Act 1912 (NSW)
Cases Cited: Borg v R; Gray v R [2020] NSWCCA 67
Cahyadi v R [2007] NSWCCA 1; (2007) 168 A Crim R 41
Callaghan v R [2006] NSWCCA 58; (2006) 160 A Crim R 145
Douar v R [2005] NSWCCA 455; (2005) 159 A Crim R 154
DS v R; DM v R (2022) 109 NSWLR 82; [2022] NSWCCA 156
Mattiussi v R [2023] NSWCCA 289
R v Harris [2015] NSWCCA 81; (2015) 70 MVR 412
R v MMK [2006] NSWCCA 272; (2006) 164 A Crim R 481
Zreika v R [2012] NSWCCA 44; (2012) 223 A Crim R 460
Category: Principal judgment Parties: Antonio Domenico Martino (Applicant)
Rex (Respondent)Representation: Counsel:
Solicitors:
E Wilkins SC (Respondent)
Applicant (self-represented)
Solicitor for Public Prosecutions (NSW) (Respondent)
File Number(s): 2018/00241801 Publication restriction: Subject to order made pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) made by Noman SC DCJ Decision under appeal
- Court or tribunal:
- District Court of NSW
- Jurisdiction:
- Criminal
- Citation:
- Date of Decision:
- 11 August 2023
- Before:
- Noman SC DCJ
- File Number(s):
- 2018/00241801
HEADNOTE
[This headnote is not to be read as part of the judgment]
The applicant, Antonio Domenico Martino, sought leave to appeal from the sentence imposed on him in respect of one count of dishonestly obtain by deception a financial advantage, contrary to s 192E(1)(b) of the Crimes Act 1900 (NSW). One further offence under s 192E(1)(b) of the Crimes Act was taken into account upon sentencing on a Form 1. The offending involved the applicant providing identification documents of the victim to CBUS in order to induce CBUS to rollover the victim’s superannuation into a self-managed superannuation fund (‘SMSF’) established and controlled by the applicant. A total of $58,005.37 was rolled over from the victim’s CBUS account into the…
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- AGLC
- Martino v The King [2024] NSWCCA 93
- Case
- [2024] NSWCCA 93
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the sentencing judge had erred in the calculation of the sentence and the weight given to specific factual matters. Martino argued that the sentence should have been backdated to the date he was first taken into custody and that certain factual findings were not adequately supported by evidence. The court needed to determine if these alleged errors were significant enough to warrant a reduction in the sentence or a re-sentencing hearing.
The court found that no significant errors had been made by the sentencing judge. The calculation of the sentence, including the backdating to account for pre-sentence custody, was deemed correct. Additionally, the weight given to the various factual matters was found to be appropriate and supported by the evidence presented at trial. Consequently, the High Court dismissed the appeal, finding that the sentencing judge had not erred in any material way. The appeal was dismissed, and the original sentence 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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