Martin v R [2012] NSWCCA 253

Martin v R [2012] NSWCCA 253

The sentencing judge erred by extending the additional term to maintain the statutory ratio, rather than reducing the non-parole period consistent with the finding of special circumstances and applicable legal authority. A lesser non-parole period was warranted for the second set of offences, and the sentences for those offences were quashed and re-sentenced accordingly.

Jurisdiction
Australia
Judgment Date
13 December 2012
Procedural Posture
Criminal Appeal / Appeal Against Sentence Before the Court of Criminal Appeal
Outcome
Appeal allowed. Leave granted. Sentences in respect of the second set of offences quashed and new sentences imposed.
Legal Topics
['sentence' 'indecent Assault' 'child Pornography' 'film Person in Private Act' 'special Circumstances' 'non Parole Period' 'statutory Ratio' 'totality Principle']
['criminal Law'] ['sentence' 'indecent Assault' 'child Pornography' 'film Person in Private Act' 'special Circumstances' 'non Parole Period' 'statutory Ratio' 'totality Principle']

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Procedural Posture

Criminal Appeal / Appeal Against Sentence Before the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the Sentencing Judge erred in extending the additional term rather than reducing the non-parole period to maintain the statutory ratio after finding special circumstances.' 'Whether the sentencing for Count 2 should have been longer than Count 1 in the second set of charges given the facts.']

Ratio Decidendi

The sentencing judge erred by extending the additional term to maintain the statutory ratio, rather than reducing the non-parole period consistent with the finding of special circumstances and applicable legal authority. A lesser non-parole period was warranted for the second set of offences, and the sentences for those offences were quashed and re-sentenced accordingly.

Court Disposition

Appeal allowed. Leave granted. Sentences in respect of the second set of offences quashed and new sentences imposed.

Orders

  • ['Grant leave to appeal.' 'Appeal allowed.' 'Quash the sentences imposed by Judge Garling in respect of the second set of offences.' 'In lieu, sentence the Appellant as follows: (a) In respect of Count 2 a non-parole period of 12 months commencing 30 July 2012 and expiring 29 July 2013 with an additional term of 9...