R v Martin and Cushman [1999] NSWSC 1048

R v Martin and Cushman [1999] NSWSC 1048

Martin was to be sentenced only for the act of strangling Mr Hagland constituting malicious infliction of grievous bodily harm with intent, not for Mr Hagland's death. The offence was very serious, Martin's intoxication aggravated it, and his prior violent offence was relevant, but credit was given for restrictive bail, time in custody, contrition, reporting to police and rehabilitation prospects, with special circumstances justifying the structure of the sentence. Cushman's accessorial role was relatively small and, having regard to his responsible conduct before the encounter, cooperation, bail conditions, personal circumstances and the late narrowing of the Crown case, a non-custodial...

Jurisdiction
Australia
Judgment Date
14 September 1999
Procedural Posture
Criminal Sentencing / Sentence Following Jury Convictions
Outcome
Aaron Lee Martin was sentenced to penal servitude for five years. Sean Leigh Cushman had sentence deferred and was released on a $5,000 recognizance to be of good behaviour for five years with supervision and program conditions.
Legal Topics
['maliciously Inflicting Grievous Bodily Harm With Intent' 'accessory After the Fact' 'sentencing Fact Finding After Jury Verdict' 'intoxication as an Aggravating Factor' 'restrictive Bail Conditions in Mitigation' 'special Circumstances']
['criminal Law' 'sentencing'] ['maliciously Inflicting Grievous Bodily Harm With Intent' 'accessory After the Fact' 'sentencing Fact Finding After Jury Verdict' 'intoxication as an Aggravating Factor' 'restrictive Bail Conditions in Mitigation' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Following Jury Convictions

Legal Issues

  1. 1 ["What facts should be found for sentencing purposes consistently with the jury's verdicts and acquittals." 'What sentence should be imposed on Aaron Lee Martin for maliciously inflicting grievous bodily harm with intent.' "Whether Martin's intoxication should aggravate sentence." "What weight should be given to Martin's prior offending, restrictive bail conditions, time in custody, contrition and rehabilitation prospects." 'What sentence or order should be imposed on Sean Leigh Cushman for being an accessory after the fact.']

Ratio Decidendi

Martin was to be sentenced only for the act of strangling Mr Hagland constituting malicious infliction of grievous bodily harm with intent, not for Mr Hagland's death. The offence was very serious, Martin's intoxication aggravated it, and his prior violent offence was relevant, but credit was given for restrictive bail, time in custody, contrition, reporting to police and rehabilitation prospects, with special circumstances justifying the structure of the sentence. Cushman's accessorial role was relatively small and, having regard to his responsible conduct before the encounter, cooperation, bail conditions, personal circumstances and the late narrowing of the Crown case, a non-custodial...

Court Disposition

Aaron Lee Martin was sentenced to penal servitude for five years. Sean Leigh Cushman had sentence deferred and was released on a $5,000 recognizance to be of good behaviour for five years with supervision and program conditions.

Orders

  • ['Aaron Lee Martin: convicted and sentenced to penal servitude for five years, made up of a minimum term of two years and three months commencing on 20 August 1998 and expiring on 19 November 2000, and an additional term of two years and nine months commencing on 20 November 2000 and expiring on 19 August 2003.'...