Martorano v The King

Case [2025] NSWCCA 152


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Martorano v R [2025] NSWCCA 152
Hearing dates: 15 September 2025
Date of orders: 29 September 2025
Decision date: 29 September 2025
Before: Bell CJ at [1];
Free JA at [78];
McGuire J at [79].
Decision:

Appeal dismissed.

Catchwords:

CRIME – appeals – appeal against conviction – irregularity in criminal trial – materiality – miscarriage of justice – where criminal record of appellant’s accountant was sought to be tendered but not admitted – no irregularity disclosed – any irregularity was not material – no miscarriage of justice

CRIME – appeals – appeal against conviction – materiality – where trial judge upheld an objection to questioning of a Federal Agent which called for speculation – no error disclosed

Legislation Cited:

Crimes Act 1914 (Cth) ss 20(1)(b)

Criminal Appeal Act 1912 (NSW) ss 5(1)(b), 6(1)

Criminal Code Act 1995 (Cth) ss 135.1(5), 11.2A(1)

Evidence Act 1995 (NSW) s 191

Cases Cited:

Astill v R [2024] NSWCCA 118

Baini v R (2012) 246 CLR 469; [2012] HCA 59

Brawn v R (2025) 99 ALJR 872; [2025] HCA 20

Dragojlovic v R (2013) 40 VR 71; [2013] VSCA 151

Gilbert v The Queen (2000) 201 CLR 414; [2000] HCA 15

Hamide v R [2019] NSWCCA 219

Hamilton (a pseudonym) v R (2021) 274 CLR 531; [2021] HCA 33

Hofer v R (2021) 274 CLR 351; [2021] HCA 36

Mahmood v Western Australia (2008) 232 CLR 397; [2008] HCA 1

MDP v R (2025) 99 ALJR 969; [2025] HCA 24

Nudd v R (2006) 80 ALJR 614; [2006] HCA 9

R v Strawhorn (2008) 19 VR 101; [2008] VSCA 101

Regina v Yeo [2005] NSWCCA 49

Weiss v R (2005) 224 CLR 300; [2005] HCA 81

Wilde v R (1988) 164 CLR 365; [1988] HCA 6

Zhou v R [2021] NSWCCA 278

Texts Cited:

Judicial Commission of New South Wales, Criminal Trial Courts Bench Book

Category:Principal judgment
Parties: Robert Frank Martorano (Appellant)
Crown (Respondent)
Representation:

Counsel:
J Stratton SC with M Coroneos (Appellant)
P McDonald SC with D Bhutani (Respondent)

Solicitors:
Justinian Legal (Appellant)
Commonwealth Director of Public Prosecutions (Respondent)
File Number(s): 2021/00307560
Publication restriction: N/A
 Decision under appeal 
Court or tribunal:
District Court of New South Wales
Jurisdiction:
Criminal
Date of Decision:
27 March 2024
Before:
Girdham SC DCJ
File Number(s):
2021/307560

HEADNOTE

[This headnote is not to be read as part of the judgment]

On 27 March 2024, Mr Robert Frank Martorano (the Appellant) was convicted by a jury of the offence of dishonestly causing a loss to the Commonwealth, knowing or believing that the loss would occur, contrary to s 135.1(5) of the Criminal Code Act 1995 (Cth) (the Criminal Code). His co-accused, Mr Steven Davies, was found not guilty of the same offence. The Appellant was sentenced to two years and six months’ imprisonment, but is due for release on recognizance after…

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AGLC
Martorano v The King [2025] NSWCCA 152
Case
[2025] NSWCCA 152
Decision Date

CaseChat Overview and Summary

The case of Martorano v The King involved the appellant's appeal against his conviction. The central dispute was whether any irregularities during the trial amounted to a miscarriage of justice. The case was heard in the High Court of Australia. The appellant argued that the exclusion of his accountant's criminal record and the trial judge's decision to uphold an objection against a question posed to a Federal Agent constituted irregularities that led to a miscarriage of justice.

The court had to determine if the exclusion of the appellant's accountant's criminal record constituted an irregularity that was material enough to cause a miscarriage of justice. Additionally, the court had to examine whether the trial judge's decision to uphold an objection to a question posed to a Federal Agent, which required speculation, was an error. The appellant argued that these irregularities significantly impacted his trial's fairness and integrity.

The High Court held that there was no irregularity in the exclusion of the accountant's criminal record, and even if there was, it was not material enough to cause a miscarriage of justice. Furthermore, the court found no error in the trial judge's decision to uphold the objection to the speculative question posed to the Federal Agent. The court concluded that the trial's outcome was not influenced by these alleged irregularities and that the appellant's conviction was therefore upheld.

The court dismissed the appeal, affirming the appellant's conviction. The judges found no grounds for a new trial, as the alleged irregularities did not impact the trial's fairness and integrity.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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