Martin v The the Queen

Case [2022] NZHC 145


IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

I TE KŌTI MATUA O AOTEAROA TE PAPAIOEA ROHE

CRI-2021-454-34

[2022] NZHC 145

BETWEEN

ROMEO STORMY MARTIN

Appellant

AND

THE QUEEN

Respondent

Hearing: 26 January 2022 (via VMR)

Appearances:

M B Ryan for Appellant

T Simpson for Respondent

Judgment:

27 January 2022


JUDGMENT OF ISAC J


Introduction

[1]                 Mr Romeo Martin pleaded guilty to two charges of recklessly discharging a firearm1 and one charge of unlawfully presenting a firearm at another individual.2 He was sentenced to 23 months’ imprisonment on 30 November 2021.3

[2]                 Mr Martin now appeals against that sentence on the basis that it should have been substituted for one of home detention. He submits nine months’ home detention is appropriate given the time spent on EM bail prior to his guilty plea and taking into account the short-term sentence imposed and the five months he has already spent in custody.


1      Crimes Act 1961, s 198(2); maximum penalty seven years’ imprisonment.

2      Arms Act 1983, s 52(1); maximum penalty six months’ imprisonment or $10,000 fine.

3      R v Martin [2021] NZDC 23530.

MARTIN v R [2022] NZHC 145 [27 January 2022]

The offending

[3]                 The offending occurred as the result of a confrontation. The appellant was driving past a bar and became involved in a verbal confrontation with a group outside the bar. He got out of the vehicle and was subsequently assaulted by the group. The appellant threatened to return with a gun and shoot the individuals involved. He left the area, and drove to his address to pick up a .22 rifle before returning. Upon his return, the appellant fired two shots at two complainants, who were in a vehicle at a car park some 50m away. The vehicle was not struck and the complainants were unharmed.

[4]                 The two complainants left the area and picked up a third person in their vehicle. They travelled to Mr Martin’s address in convoy with another car carrying three further men. It was accepted by the District Court Judge that they were behaving in a menacing way.4

[5]                 Mr Martin came outside with the firearm and fired a shot towards one of the vehicles 90 to 95m away. This hit the sill below the driver’s door. He then pointed the gun at another vehicle without firing a shot. The vehicles subsequently left the premises.

District Court decision

[6]                 After outlining the relevant facts the Judge summarised the key elements of the offending as the obtaining, loading and firing of a dangerous weapon at a vehicle, and the pre-meditated nature of the first incident. These were factors aggravating to the offending.5 Overall, the Judge considered a starting point of four and a half years’ imprisonment was appropriate, having regard to relevant case law.6


4 At [4].

5      At [34]–[35].

6      At [38], citing Fane v R [2019] NZHC 408; Gathergood v R [2010] NZCA 350; and R v Templeton

CA 460-05, 6 July 2008.

[7]                 Turning to…

Continue reading Martin v The the Queen

Sign in free to access the full text

Details
AGLC
Martin v The the Queen [2022] NZHC 145
Case
[2022] NZHC 145
Decision Date

CaseChat Overview and Summary

Romeo Martin appeals against his sentence of 23 months' imprisonment, contending that it should have been substituted for one of home detention. The appeal raises issues concerning the appropriate circumstances for substituting a short-term sentence of imprisonment with one of home detention and the extent of the margin of appreciation afforded to sentencing judges when making such a choice. The High Court found the appeal well-founded and substituted the sentence of imprisonment for one of nine months' home detention. The court considered the District Court's failure to consider the purposes of sentencing when deciding to decline home detention was an error. In particular, the court found that the serious nature of the offending and the risks posed by Mr Martin had already been addressed by his surrender to police, time spent on remand in custody, and subsequent compliance with EM bail conditions. Mr Martin's rehabilitation efforts and support network were also taken into account, leading the court to conclude that home detention was the least restrictive sentence appropriate in the circumstances.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.