SUPREME COURT OF SOUTH AUSTRALIA
(Court of Criminal Appeal: Criminal)
R v MARTIN
[2009] SASC 26
Judgment of The Court of Criminal Appeal
(The Honourable Justice Anderson, The Honourable Justice White and The Honourable Justice Kelly)
13 February 2009
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEAL BY CONVICTED PERSONS - APPLICATIONS TO REDUCE SENTENCE - WHEN REFUSED - PARTICULAR OFFENCES
Appeal against sentence - appellant sentenced in the District Court for the offence of possessing a firearm without a licence and the offence of attempting to escape from lawful custody. Total imprisonment ordered was three years one month - judge imposed a non-parole period of two years three months for both offences - appellant appeals against sentence in relation to the offence of attempt escape from lawful custody - whether manifestly excessive - whether sentencing judge gave sufficient credit for early guilty plea.
Held: appellant's offending serious - breach of trust - serious punishment warranted to act as a deterrent to others - sentence well within the range available - sentencing judge took into account the appellant's early guilty plea and gave a discount of ten percent - strong Crown case - a finding of guilt was almost inevitable - discount of sentencing judge appropriate given circumstances - appeal dismissed.
R v Turner and Clarke (1992) 65 A Crim R 178; R v Shepperbottom (2001) 121 A Crim R 69; R v Teague [2007] SASC 65; R v Knight (1986) 40 SASR 479, referred to.
R v MARTIN
[2009] SASC 26Court of Criminal Appeal: Anderson, White and Kelly JJ
ANDERSON J: I would dismiss the appeal for the reasons given by Kelly J.
WHITE J: I would dismiss the appeal. I agree with the reasons of Kelly J.
KELLY J:
Introduction
This is an appeal against a sentence imposed in the District Court on 25 August 2008. On that date the appellant was sentenced for two offences, namely possession of a firearm without a licence in respect of which he was sentenced to a term of imprisonment of ten months and the offence of attempting to escape from lawful custody in respect of which he was sentenced to imprisonment for a term of two years three months. The sentences were ordered to be served cumulatively, thus the total period of imprisonment imposed for both offences was three years one month. The learned sentencing judge imposed a non-parole period of two years three months.
The appellant’s complaint on this appeal relates to the sentence of two years three months imprisonment imposed for the offence of attempting to escape from lawful custody. There are two main grounds of appeal, firstly, that the starting point of two years six months for the attempted escape custody is manifestly excessive and secondly, that the sentencing judge failed to give the appellant sufficient credit for his early plea of guilty. Permission to appeal on both grounds was granted…
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- AGLC
- R v Martin [2009] SASC 26
- Case
- [2009] SASC 26
- Decision Date
CaseChat Overview and Summary
The legal issues the court had to decide were whether the sentence was manifestly excessive and if the sentencing judge appropriately considered the early guilty plea. The court considered the seriousness of the appellant's offending, which involved a breach of trust and the need for a severe punishment to act as a deterrent. The court also reviewed the total imprisonment ordered and the non-parole period, assessing whether they were within the appropriate range.
The court concluded that the appellant's offending was serious, justifying a severe punishment to act as a deterrent to others. The sentence imposed was well within the range available for these offences. The sentencing judge had taken into account the appellant's early guilty plea and applied a discount of ten percent, which the court deemed appropriate given the circumstances. The strong case presented by the Crown further supported the sentence. Consequently, the appeal was dismissed.
The court's final orders were to affirm the sentence imposed by the District Court, dismissing the appeal against the sentence for the offence of attempting to escape from lawful custody.
Orders
Orders of the court
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Background
Background to the litigation
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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