McMartin v R [2023] NSWDC 216

District Court New South Wales

Medium Neutral Citation: McMartin v R [2023] NSWDC 216 Hearing dates: 19 and 20 June 2023 Date of orders: 22 June 2023 Decision date: 22 June 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: (1) Appeal allowed. (2) I set aside the conviction and the penalty imposed by the magistrate. Catchwords: CRIME — Appeals — Appeal against conviction CRIME — Appeals — Appeal against sentence — Denial of procedural fairness Legislation Cited: Crimes Act 1900 Crimes (Appeal and Review) Act 2001 Criminal Procedure Act 1986 Evidence Act 1995 Cases Cited: AG v Director of Public Prosecutions [2015] NSWCA 218 Charara v R [2006] NSWCCA 244 Fox v Percy (2003) 214 CLR 118 Gardiner v R [2023] NSWCCA 89 Gianoutsas v Glykis [2006] NSWCCA 137 Lumney v Director of Public Prosecutions [2021] NSWCA 186 McNab v Director of Public Prosecutions [2021] NSWCA 298 Category: Principal judgment Parties: John McMartin (Appellant) Rex (Crown) Representation: Counsel: P Strickland SC (Appellant)

Solicitors: Armstrong Legal (Appellant) Office of the Director of Public Prosecutions (Crown) File Number(s): 2020/336279 Publication restriction: None Decision under appeal Court or tribunal: Local Court, Liverpool Jurisdiction: District Court of NSW Date of Decision: 20 December 2022 Before: Magistrate Thompson File Number(s): 2020/336279