Regina v Martin [2005] NSWCCA 381

Regina v Martin [2005] NSWCCA 381

The sentencing judge did not err; the sentence was not manifestly excessive considering the commercial nature of the offender's conduct and her criminal history; the differences in the roles and circumstances of the co-offenders warranted different sentences; the refusal to find special circumstances was open to the sentencing judge.

Parties
Applicant: Margaret Joan Martin; Respondent: Regina
Jurisdiction
Australia
Judgment Date
10 November 2005
Procedural Posture
Criminal Appeal / Sentencing Appeal Before Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentencing, Drug Offences, Principle of Parity, Special Circumstances
Criminal Law Sentencing Drug Offences Principle of Parity Special Circumstances

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Margaret Joan Martin

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Sentencing Appeal Before Court of Criminal Appeal

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the sentence was excessive compared to co-offenders (parity)
  3. 3 Whether the sentencing judge erred in declining to find special circumstances

Ratio Decidendi

The sentencing judge did not err; the sentence was not manifestly excessive considering the commercial nature of the offender's conduct and her criminal history; the differences in the roles and circumstances of the co-offenders warranted different sentences; the refusal to find special circumstances was open to the sentencing judge.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed