R v Martinsen

Case [2003] NSWCCA 144


CITATION: Regina v Martinsen [2003] NSWCCA 144
HEARING DATE(S): 26/05/03
JUDGMENT DATE:
30 May 2003
JUDGMENT OF: Sheller JA at 1; Hidden J at 2; Carruthers AJ at 16
DECISION: Leave to appeal granted, appeal dismissed.
CATCHWORDS: CRIMINAL LAW: Application for leave to appeal against sentence - defrauding the Commonwealth - illness of applicant - whether any lesser sentence warranted.
LEGISLATION CITED: Crimes Act 1914 (C'th)
Criminal Appeal Act, 1912
Financial Transaction Reports Act, 1988 (C'th)
CASES CITED: R v Bailey (1988) 35 A Crim R 458
R v Bernier (1998) 102 A Crim R 44 at 49
R v L (CCA, unreported, 17.6.96) at pp 6-8
R v Smith (1987) 44 SASR 587

PARTIES :

Commonwealth Crown
Ronald Allan Martinsen
FILE NUMBER(S): CCA 60043/03
COUNSEL: M Allnutt - Commonwealth Crown
A Francis - Appellant
SOLICITORS: Commonwealth Director of Public Prosecutions
DJ Humphreys - Appellant
LOWER COURTJURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 02/61/0018
LOWER COURT
JUDICIAL OFFICER :
Woods ADCJ

                          60043/03

                          SHELLER JA
                          HIDDEN J
                          CARRUTHERS AJ

                          Friday, 30 May, 2003
REGINA v Ronald Allan MARTINSEN
Judgment

1 SHELLER JA: I agree with Hidden J.

2 HIDDEN J: The applicant, Ronald Allan Martinsen, pleaded guilty in the District Court to defrauding the Commonwealth, an offence under s 29 of the Crimes Act 1914 (C’th), carrying a maximum sentence of imprisonment for ten years. He also asked his Honour to take into account, on a schedule under s 16BA of the Crimes Act, offences of opening and operating a bank account without proper disclosure: s 24 of the Financial Transaction Reports Act 1988 (C’th). On the charge of defrauding the Commonwealth, taking those two further offences into account, his Honour sentenced the applicant to imprisonment for two years, directing his release on recognizance after sixteen months. He seeks leave to appeal against that sentence.


      Facts

3 Given the manner in which the application was argued, it is unnecessary to recite the facts in any detail. It is sufficient to say that over a period of ten years the applicant claimed and received Social Security benefits in two names: Martinsen and Bealing, a name by which he was also known. He achieved this by supplying a volume of false documentation, as well opening and operating a bank account in the name of Bealing without disclosing to the bank that he already had an account in the name of Martinsen. It was his conduct in relation to that bank account which gave rise to the two offences on the schedule.

4 He was paid benefits legitimately under the name of Martinsen, but under the name of Bealing he received almost $80,000 to which he was not entitled. On the evidence, his Honour found that he had taken advantage of the fact that he was known by two names and that the offences were not the product of any pressing financial need. At the time of sentence payments to him had been withheld, so that about $78,000 remained outstanding. His Honour made…

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R v Martinsen [2003] NSWCCA 144
Case
[2003] NSWCCA 144
Decision Date

CaseChat Overview and Summary

In the matter of the Commonwealth of Australia versus Martinsen, the case before the court was an application for leave to appeal against a sentence imposed by a lower court. Martinsen was found guilty of defrauding the Commonwealth and was sentenced accordingly. The applicant sought leave to appeal on the basis of his severe illness and argued that a lesser sentence would be more appropriate. The court was tasked with determining whether the applicant's illness warranted a reconsideration of the sentence imposed.

The legal issues that the court had to address were whether the severity of Martinsen's illness was such that it warranted a lesser sentence and whether there were any grounds for the appeal that had not been previously considered. The court had to balance the need for appropriate punishment with the applicant's health condition and assess if there were any legal errors in the original sentencing that could warrant an appeal.

The court considered the evidence presented regarding Martinsen's health and concluded that while his illness was severe, it did not warrant a substantial reduction in the sentence. The court found that the original sentencing took into account all relevant factors, including Martinsen's health, and that there were no legal errors that would warrant a reconsideration of the sentence. The court therefore dismissed the application for leave to appeal. The court's decision upheld the original sentence imposed on Martinsen, and no lesser sentence was warranted.

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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