R v Martinez & Tortell [2017] NSWSC 1659

R v Martinez & Tortell [2017] NSWSC 1659

The murder committed by each offender fell a little below the mid-line of objective seriousness for murder. Mr Tortell physically inflicted the fatal stab wounds, while Mr Martinez instigated the attack and drove the vehicle that pursued and blocked the Camry, but his culpability was mitigated by trauma arising from the deceased's prior threats and shootings. Mr Martinez's reckless wounding offence was serious but spontaneous, closely connected in time with the murder, and warranted a sentence largely concurrent with the murder sentence. Both offenders' youth and mitigating factors justified non-parole periods below the standard non-parole period and minor departures from the statutory...

Jurisdiction
Australia
Judgment Date
12 December 2017
Procedural Posture
Criminal Sentence / Sentencing After Jury Verdicts of Guilty
Outcome
Both offenders were sentenced for murder. Wade Martinez was also sentenced for recklessly wounding in company. Back-up offences were dismissed.
Legal Topics
['murder' 'reckless Wounding in Company' 'joint Criminal Enterprise' 'objective Seriousness' 'standard Non Parole Period' 'back Up Offences' 'victim Impact Statements']
['criminal Law' 'sentencing'] ['murder' 'reckless Wounding in Company' 'joint Criminal Enterprise' 'objective Seriousness' 'standard Non Parole Period' 'back Up Offences' 'victim Impact Statements']

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Procedural Posture

Criminal Sentence / Sentencing After Jury Verdicts of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed on Wade Martinez and Jake Tortell for the murder of Gewargis Garmo.' 'What sentence should be imposed on Wade Martinez for recklessly wounding Gewargis Garmo in company.' 'Whether aggravating and mitigating factors affected the objective seriousness and subjective culpability of each offender.' 'Whether back-up offences should be dismissed under the Criminal Procedure Act 1986.']

Ratio Decidendi

The murder committed by each offender fell a little below the mid-line of objective seriousness for murder. Mr Tortell physically inflicted the fatal stab wounds, while Mr Martinez instigated the attack and drove the vehicle that pursued and blocked the Camry, but his culpability was mitigated by trauma arising from the deceased's prior threats and shootings. Mr Martinez's reckless wounding offence was serious but spontaneous, closely connected in time with the murder, and warranted a sentence largely concurrent with the murder sentence. Both offenders' youth and mitigating factors justified non-parole periods below the standard non-parole period and minor departures from the statutory...

Court Disposition

Both offenders were sentenced for murder. Wade Martinez was also sentenced for recklessly wounding in company. Back-up offences were dismissed.

Orders

  • ['Wade Martinez, for recklessly wounding in company, was sentenced to imprisonment for one year commencing on 27 August 2015 and expiring on 26 August 2016.' 'Wade Martinez, for murder, was sentenced to a non-parole period of 15 years and 9 months commencing on 27 November 2015 and expiring on 26 August 2031, with a...