Martin v R; Martin v R [2021] NSWCCA 316

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Martin v R; Martin v R [2021] NSWCCA 316 Hearing dates: 1 September 2021 Decision date: 20 December 2021 Before: Leeming JA; Hamill J; Lonergan J Decision: In proceeding 2013/11122 (Peter Martin): 1. Grant leave to appeal, confined to grounds 2 and 3. 2. Appeal allowed. 3. Set aside the sentence imposed by the District Court on 12 May 2017 and in lieu thereof sentence him to imprisonment for a term of 23 years and 9 months, commencing 13 January 2013, with a non-parole period expiring 13 October 2030, and with the balance of term expiring 13 October 2036. The earliest date on which he is eligible for release is 13 October 2030. In proceeding 2013/11126 (Jim Martin): 1. Grant leave to appeal, confined to grounds 2 and 3. 2. Appeal allowed. 3. Set aside the sentence imposed by the District Court on 12 May 2017 and in lieu thereof sentence him to imprisonment for a term of 22 years and 4 months, commencing 13 January 2015, with a non-parole period expiring 13 October 2031, and with the balance of term expiring 13 May 2037. The earliest date on which he is eligible for release is 13 October 2031. Catchwords: CRIMINAL LAW – appeal against sentence – applicants pleaded guilty to manufacturing large commercial quantity of prohibited drug – whether error in finding applicants to be "principals" – whether error in determining discount for guilty pleas – significance of lengthy sentencing proceedings on contested issues of fact, resolved adversely to applicants – whether error in failing to find special circumstances – whether sentence manifestly excessive – all grounds save last dismissed – appeal allowed and applicants resentenced Legislation Cited: Crimes Act 1900 (NSW), s 203E Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A, 22 (version date 25 October 2016) Criminal Appeal Act 1912 (NSW), s 5 Drug Misuse and Trafficking Act 1985 (NSW), ss 24, 24A, 33 Cases Cited: Bell v R [2019] NSWCCA 271 Dinsdale v R (2000) 202 CLR 321; [2000] HCA 54 Hall v The Queen [2021] NSWCCA 220 House v The King (1936) 55 CLR 499; [1936] HCA 40 Kwok v R [2018] NSWCCA 200 Lowndes v The Queen (1999) 195 CLR 665; [1999] HCA 29 Magro v R [2020] NSWCCA 25 Nanai v R [2010] NSWCCA 21 Nealon v R [2021] NSWCCA 286 Nguyen v R [2011] NSWCCA 92 Olbrich v R [1999] 199 CLR 281 Owens v R [2017] NSWCCA 16 R v AB [2011] NSWCCA 229; 59 MVR 356 R v Kalache [2000] NSWCCA 2 R v Little and Walsh [2006] NSWCCA 406 R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309 R v Wan [2017] NSWCCA 261 Regina v Oinonen [1999] NSWCCA 310 Category: Principal judgment Parties: 2013/11122 Peter Geoffrey Martin (Applicant) Regina (Respondent)