Regina v Martinsen [2003] NSWCCA 144

Regina v Martinsen [2003] NSWCCA 144

Despite the applicant's illnesses making imprisonment more burdensome, the seriousness and systematic nature of the fraud, the moderate head sentence, and the established ratio for non-parole periods meant that no lesser sentence was warranted.

Parties
Respondent: Commonwealth Crown; Applicant: Ronald Allan Martinsen
Jurisdiction
Australia
Judgment Date
30 May 2003
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted, appeal dismissed.
Legal Topics
Defrauding the Commonwealth, Sentencing, Mitigating Factors – Illness, Appeal Against Sentence
Criminal Law Defrauding the Commonwealth Sentencing Mitigating Factors – Illness Appeal Against Sentence

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Parties

Commonwealth Crown

Respondent

Ronald Allan Martinsen

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge failed to give adequate weight to the applicant's age and state of health in fixing the custodial period before release on recognizance
  2. 2 Whether any lesser sentence was warranted given the seriousness of the applicant's illness

Ratio Decidendi

Despite the applicant's illnesses making imprisonment more burdensome, the seriousness and systematic nature of the fraud, the moderate head sentence, and the established ratio for non-parole periods meant that no lesser sentence was warranted.

Court Disposition

Leave to appeal granted, appeal dismissed.