The Queen v McArthur

Scott Ian McArthur and Benjamin Siouse Martin appeal against their convictions and sentences for offences including kidnapping, injuring with intent, and assault. The court finds that the appeals are late filed but accepts the new evidence regarding the alleged recantation of the victim was unavailable at the time of appeal. The court rejects all grounds of appeal against conviction, including complaints about the defence counsel’s performance and the alleged recantation of the victim’s evidence. The court finds the sentences for both appellants to be appropriate and dismisses the appeal against sentence. The court also dismisses the appeal against the imposition of a minimum period of imprisonment.