Martin v The Queen - [2005] NZCA 3

IN THE COURT OF APPEAL OF NEW ZEALAND
CA199/04
THE QUEEN
v
LESLEY JANE MARTIN
Hearing:1 November 2004

Court:Anderson P, McGrath and O'Regan JJ
Counsel:D L Stevens QC for Appellant

J C Pike and A F D Cameron for Crown

Judgment:14 February 2005

JUDGMENT OF THE COURT

The appeal against conviction is dismissed. The appeal against sentence is dismissed.
Table of Contents

Para No

Introduction   [1]
A book and its consequences  [9]
The trial and the opinions of witnesses  [25]
What was relevant?  [36]
Intent – law and unrelated disciplines – irrelevancies         [40]
Inappropriate opinion evidence  [49]
Putting the defence case  [58]
Other aspects of putting the defence case  [66]
Mistake?  [80]
Balance  [87]
Intent and stress  [88]
Application of the proviso to s 385(1)  [111]
The sentence appeal – the Judge’s reasons  [123]
APPELLANT’S SUBMISSIONS  [138]
The Crown response  [157]
Discussion  [160]
REASONS
(Given by Anderson P)
Introduction
[1]       In March 2004 the appellant was tried before a High Court Judge, Wild J, and a jury, on an indictment which alleged two counts of attempted murder in the following terms:
1.  THE CROWN SOLICITOR at Wanganui charges that LESLEY JANE MARTIN at Wanganui on the 27^th day of May 1999 or thereabouts, did attempt to murder JOY PATRICIA MARTIN by administration of the drug, morphine.
2.  THE CROWN SOLICITOR at Wanganui charges that LESLEY JANE MARTIN at Wanganui on the 28^th day of May 1999 or thereabouts, did attempt to murder JOY PATRICIA MARTIN by suffocation.

[2]       The appellant was acquitted on count 2. She was convicted on the first count and sentenced to 15 months imprisonment with leave being granted to apply for home detention. She now appeals against conviction and sentence.
[3]       Joy Patricia Martin was the appellant’s mother who, at the times alleged in the indictment, was suffering from terminal cancer. Her death occurred on 28 May 1999.
[4]       The appellant is a registered nurse with some 17 years experience in her profession. She was living overseas when, at the end of 1998, she learned that her mother had recently been diagnosed with bowel cancer. Joy Martin underwent an operation but there were post-operative complications which involved re-admission to hospital. She was finally discharged to her home on 24 April. There the appellant cared for her, as she had done at hospital, until Joy Martin died.
[5]       Within hours of the death the police began making inquiries. One of the members of the police was Detective Sergeant Ross Grantham, who interviewed the appellant at Joy Martin’s residence. He spoke privately to the appellant on the basis that the discussion would be off the record. Otherwise she would have received the usual caution and been informed of her rights under the New Zealand Bill of Rights Act. The appellant agreed to discuss the matter with Detective Sergeant Grantham off the record.
[6]       Following that discussion the police officer arranged for another officer, Senior Sergeant Kura, to come into the room. He then asked the appellant…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Martin v The Queen

Details

AGLC: Martin v The Queen [2005] NZCA 3
Case: [2005] NZCA 3
Decision Date: 14 February 2005

CaseChat Overview and Summary

Lesley Jane Martin appealed against both her conviction and sentence. Martin had been convicted of one count of attempted murder and acquitted on a second count. The conviction related to Martin injecting her mother with morphine, intending to cause her death. Martin's mother was terminally ill with cancer. Martin was a registered nurse with 17 years of experience. The Court of Appeal dismissed the appeal against conviction and sentence. The Court found that the appellant had deliberately injected her mother with morphine, intending to cause her death. The Court held that the appellant's deliberate actions justified the imposition of the sentence. The appeal against sentence was also dismissed. The Court found that the sentence was appropriate in the circumstances. The Court held that the imposition of the sentence was not manifestly excessive or wrong in principle.

Orders