Regina v Martinsen [2003] NSWCCA 144

New South Wales Court of Criminal Appeal

CITATION : Regina v Martinsen [2003] NSWCCA 144 HEARING DATE(S) : 26/05/03 JUDGMENT DATE : 30 May 2003

JUDGMENT OF : Sheller JA at 1; Hidden J at 2; Carruthers AJ at 16 DECISION : Leave to appeal granted, appeal dismissed.

CATCHWORDS : CRIMINAL LAW: Application for leave to appeal against sentence - defrauding the Commonwealth - illness of applicant - whether any lesser sentence warranted. Crimes Act 1914 (C'th) LEGISLATION CITED : Criminal Appeal Act, 1912 Financial Transaction Reports Act, 1988 (C'th) R v Bailey (1988) 35 A Crim R 458 CASES CITED : R v Bernier (1998) 102 A Crim R 44 at 49 R v L (CCA, unreported, 17.6.96) at pp 6-8 R v Smith (1987) 44 SASR 587 PARTIES : Commonwealth Crown Ronald Allan Martinsen FILE NUMBER(S) : CCA 60043/03 COUNSEL : M Allnutt - Commonwealth Crown A Francis - Appellant SOLICITORS : Commonwealth Director of Public Prosecutions DJ Humphreys - Appellant

LOWER COURT District Court JURISDICTION : LOWER COURT 02/61/0018 FILE NUMBER(S) : LOWER COURT Woods ADCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60043/03

SHELLER JA HIDDEN J CARRUTHERS AJ

Friday, 30 May, 2003 REGINA v Ronald Allan MARTINSEN Judgment 1 SHELLER JA: I agree with Hidden J. 2 HIDDEN J: The applicant, Ronald Allan Martinsen, pleaded guilty in the District Court to defrauding the Commonwealth, an offence under s 29 of the Crimes Act 1914 (C'th), carrying a maximum sentence of imprisonment for ten years. He also asked his Honour to take into account, on a schedule under s 16BA of the Crimes Act, offences of opening and operating a bank account without proper disclosure: s 24 of the Financial Transaction Reports Act 1988 (C'th). On the charge of defrauding the Commonwealth, taking those two further offences into account, his Honour sentenced the applicant to imprisonment for two years, directing his release on recognizance after sixteen months. He seeks leave to appeal against that sentence.