Regina v Robert Cameron Martin [2005] NSWCCA 190

Regina v Robert Cameron Martin [2005] NSWCCA 190

Although the sentencing judge erred by having additional regard to abuse of trust as an aggravating factor, this did not produce a sentence outside the appropriate range. No error in declining to find 'special circumstances' or in the sentence being manifestly excessive was demonstrated. No other sentence was warranted in law.

Parties
Respondent: Regina; Applicant: Robert Cameron Martin
Jurisdiction
Australia
Judgment Date
20 May 2005
Procedural Posture
Criminal Appeal / Hearing of Application for Leave to Appeal Sentence and Determination of Substantive Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Aggravating and Mitigating Factors, Abuse of Trust, Special Circumstances, Manifest Excess in Sentencing
Criminal Law Sentencing Aggravating and Mitigating Factors Abuse of Trust Special Circumstances Manifest Excess in Sentencing

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 4 Authorities cited 25 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Regina

Respondent

Robert Cameron Martin

Applicant

Procedural Posture

Criminal Appeal / Hearing of Application for Leave to Appeal Sentence and Determination of Substantive Appeal

Legal Issues

  1. 1 Whether the sentencing judge erred in having additional regard to abuse of a position of trust under s.21A(2)(k) Crimes (Sentencing Procedure) Act 1999 when it was an element of the offence under s.172 Crimes Act 1900
  2. 2 Whether the sentencing judge erred in failing to find 'special circumstances' for the purposes of varying the statutory proportion between the non-parole period and full term under s.44(2) Crimes (Sentencing Procedure) Act 1999
  3. 3 Whether the sentence was manifestly excessive

Ratio Decidendi

Although the sentencing judge erred by having additional regard to abuse of trust as an aggravating factor, this did not produce a sentence outside the appropriate range. No error in declining to find 'special circumstances' or in the sentence being manifestly excessive was demonstrated. No other sentence was warranted in law.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal against sentence granted.
  • Appeal dismissed.