R v David MARTIN [2011] NSWSC 1189

R v David MARTIN [2011] NSWSC 1189

Taking into account the seriousness of murder, the partial accumulation required due to separate criminality, objective and subjective features, and statutory and precedential guides, the Court determined a total non-parole period of 16 years with an additional 5-year term (total 21 years) for David Martin, with parole eligibility and sentence expiry as specified.

Parties
Crown: Regina; Accused: David Martin
Jurisdiction
Australia
Judgment Date
12 October 2011
Procedural Posture
Criminal / Sentencing After Trial Verdict
Outcome
Sentenced to a total non-parole period of 16 years, with an additional term of 5 years (total 21 years) on multiple counts, with specific concurrency and accumulation as stated.
Legal Topics
Sentence, Murder, Reckless Wounding, Common Assault, Standard Non Parole Period, Objective Seriousness of Offence, Test After R V Way, Stabbing of Two Victims, Weapon as Aggravation, Accumulation and Concurrency
Criminal Law Sentence Murder Reckless Wounding Common Assault Standard Non Parole Period Objective Seriousness of Offence Test After R V Way +3 more

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Parties

Regina

Crown

David Martin

Accused

Procedural Posture

Criminal / Sentencing After Trial Verdict

Legal Issues

  1. 1 What is the appropriate sentence for murder, reckless wounding and assault committed by David Martin?
  2. 2 How should the objective and subjective seriousness of the offences impact the sentence?
  3. 3 How should principles of accumulation and concurrency apply to the total sentence?

Ratio Decidendi

Taking into account the seriousness of murder, the partial accumulation required due to separate criminality, objective and subjective features, and statutory and precedential guides, the Court determined a total non-parole period of 16 years with an additional 5-year term (total 21 years) for David Martin, with parole eligibility and sentence expiry as specified.

Court Disposition

Sentenced to a total non-parole period of 16 years, with an additional term of 5 years (total 21 years) on multiple counts, with specific concurrency and accumulation as stated.

Orders

  • Count 1: non-parole period from 9 May 2009 to 8 November 2010, additional term 6 months to 8 May 2011 (total 2 years)
  • Count 6: fixed term 6 months, concurrent with Count 1, from 9 May 2009 to 8 November 2009