| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA182/2021 [2022] NZCA 285 |
| BETWEEN | GREGORY JASON MARTIN |
| AND | THE QUEEN |
| Hearing: | 15 February 2022 |
Court: | Goddard, Katz and Edwards JJ |
Counsel: | C G Tuck and T D A Harré for Appellant |
Judgment: | 1 July 2022 at 11.00 am |
JUDGMENT OF THE COURT
AThe appeal against conviction is dismissed.
B The appeal against sentence is allowed.
CThe sentence of five years and six months’ imprisonment is quashed and substituted with a sentence of two years’ imprisonment.
____________________________________________________________________
REASONS OF THE COURT
(Given by Goddard J)
Table of contents
Para No
Introduction
Background
Pre-trial application to admit expert evidence
The trial
The Crown case
Mr Martin’s evidence
Question trail
Verdict
Sentencing
Psychiatric report
Other reports
Sentencing decision
Conviction appeal
Appellant’s submissions
Discussion
Sentence appeal
Appellant’s submissions
Crown submissions
Discussion
Result
Appendix: Question Trail
Introduction
Mr Martin, an unusually naive and gullible man, fell for a criminal scam. He was persuaded to travel to Thailand to sign some papers which, he was told, would result in payment of USD 10.5 million into his bank account. The “officials” he was dealing with advised him (after he arrived in Thailand) that he would also need to bring back to New Zealand a suitcase of “gifts” to be delivered to a “payment officer” in New Zealand. Shortly before he was due to leave Thailand, Mr Martin was given a suitcase containing the supposed gifts. He was concerned about the possibility that the case contained hidden drugs. He exchanged texts about his concerns with his sister, and also with the scammers. But he did not find anything untoward when he searched the suitcase, and the scammers reassured him everything was above board. He went to the airport and checked in his bags, including the suitcase, for his return flight to New Zealand. On his arrival at Auckland he declared that he was carrying luggage for another person. The suitcase was searched, and approximately 1.4 kg of methamphetamine was discovered.
Mr Martin was charged with importing methamphetamine. He pleaded not guilty. Following a trial before Judge Moala and a jury in the District Court, he was convicted. Judge Moala sentenced him to five years and six months’ imprisonment.[1]
[1]R v Martin [2021] NZDC 4099 [Sentencing notes].
Mr Martin appeals to this Court against both his conviction and sentence.
Background
We begin by setting out the background in a little more detail.
In January 2019 Mr Martin received an email, purportedly from officials of the “Nigeria Payment Review Unit”, advising him that he was a “beneficiary” and entitled to payment of USD 10.5 million. To obtain payment of that sum, he would need to pay a documentation fee of USD 650.
The email could hardly have been a more obvious scam. It was full of nonsensical and absurd statements, ungrammatical and strangely expressed. But Mr Martin appears to have taken it…
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- AGLC
- Martin v R [2022] NZCA 285
- Case
- [2022] NZCA 285
- Decision Date
CaseChat Overview and Summary
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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