| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT WARRNAMBOOL
CRIMINAL DIVISION
No. 0167 of 2010
| THE QUEEN |
| v |
| JUSTIN DENNIS JAMES MARTIN |
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JUDGE: | CURTAIN J | |
WHERE HELD: | Warrnambool | |
DATE OF HEARING: | 9 and 10 May 2011 | |
DATE OF SENTENCE: | 20 May 2011 | |
CASE MAY BE CITED AS: | R v Martin | |
MEDIUM NEUTRAL CITATION: | [2011] VSC 217 | |
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CRIMINAL LAW – Sentence – Defensive homicide – Where R v Verdins (2007) 16 VR 269 and R v Tsiaras [1996] 1 VR 398 applicable – Plea of guilty to defensive homicide accepted by Director where murder originally charged – Whether taking further account of diminished moral culpability would amount to “double counting” – Criminal Procedure Act 2009 (Vic) s 160(2) – Public Prosecutions Act 1994 (Vic) s 24.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr B Kissane | Office of Public Prosecutions |
| For the Accused | Mr B Stuart | Balmer & Associates |
HER HONOUR:
Justin Dennis James Martin, you have pleaded guilty to one count of defensive homicide and have admitted prior convictions.
The deceased, Alan Baker, was 79 years old. He lived on his own in Murtoa and would daily frequent the local hotel to have his midday meal and bet on the TAB. You and he became friendly in the six months or so prior to January 2010.
On Wednesday 27 January 2010, at around 4.00pm in the afternoon, you went to the home of the deceased. According to you, Mr Baker had previously invited you to visit him earlier in that week. Together, you drank some beer and watched tennis on the television. It appears that your father rang you at approximately 5.20pm because you had not been to his home for dinner as was your custom, and you told him that you were at Mr Baker’s. Your father could hear Mr Baker’s voice in the background, saying that you were just playing music and having a beer. At some point in the late afternoon/early evening, you went to the local hotel and tried to cash a cheque to buy some beer, but the licensee refused to do so and you left empty-handed.
Later, during the night, you contend that Mr Baker made sexual advances to you, and it was in these circumstances that you “king hit” Mr Baker and kicked him in the head and stomach and, you told the police, stabbed him twice. After the assault, you sought the assistance of various neighbours. You knocked on the door of the house where Courtney Foreman lived. You spoke with her and told her that you had bashed Alan because he tried to rape you. You told her that you had hit him and that you thought he was dead. You also spoke with Robert Nikkelson, asking him to go with you to Alan Baker’s place, and you also went to the home of Paul Delahunty and told him that you had “punched up Bakes”, as you referred to him, and that you thought you had killed him.…
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- AGLC
- R v Martin [2011] VSC 217
- Case
- [2011] VSC 217
- Decision Date
CaseChat Overview and Summary
The court examined the legal framework provided by the Criminal Procedure Act 2009 (Vic) and the Public Prosecutions Act 1994 (Vic), focusing on the proper interpretation of sections 160(2) and 24 respectively. The central issue was whether the plea of guilty, which was accepted by the Director of Public Prosecutions, should be given due weight in the sentencing process and if this would result in double counting if the court also considered the diminished moral culpability of the defendant. The court had to balance these considerations to ensure that the sentence was just and proportionate, reflecting both the plea agreement and the defendant's moral responsibility for the offence.
After thorough deliberation, the court determined that the plea agreement and the principle of diminished moral culpability could both be taken into account without resulting in double counting. The court emphasised the importance of the plea agreement in reducing the severity of the sentence and recognised the defendant's diminished moral culpability due to the circumstances of the offence. The court concluded that these factors could be appropriately considered together, ensuring a fair and balanced outcome that aligned with the legal principles and the specific facts of the case. The final sentence imposed by the court reflected these considerations, providing a just resolution to the matter.
The court issued an order that the defendant, Martin, be sentenced to a term of imprisonment with specific conditions and considerations as outlined in the judgment. The sentence was designed to reflect the plea agreement, the nature of the offence, and the diminished culpability of the defendant. The court's decision was based on a comprehensive analysis of the relevant legal principles and the unique circumstances of the case, ensuring that the outcome was both lawful and just.
Orders
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Background
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Evidence
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Decision
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