R .v. MARTIN [2002] NSWSC 577

New South Wales Supreme Court

CITATION : R .v. MARTIN [2002] NSWSC 577 FILE NUMBER(S) : SC 70100/01 HEARING DATE(S) : 11 June 2002, 12 June 2002, 13 June 2002 & 17 June 2002 JUDGMENT DATE : 18 June 2002

PARTIES : Regina Gerard Thomas MARTIN JUDGMENT OF : Barr J at 1

COUNSEL : Mr M.A. Macadam QC for the Crown Ms L.M. McSpedden for the Offender SOLICITORS : S.E. O'Connor for the Crown Legal Aid Commission of NSW for the Offender CATCHWORDS : Criminal law - sentencing - murder CASES CITED : R v Stanley Edward Fernando (1992) 76 A Crim R 58 DECISION : See Judgment at Paragraph 43

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

AT BROKEN HILL

Graham Barr J

Tuesday 18 June 2002

70100/01 Regina .v. Gerard Thomas MARTIN

REMARKS ON SENTENCE 1 HIS HONOUR: On the second day of his trial the offender Gerard Thomas Martin pleaded guilty of the murder on 6 February 2001 at Adelaide of Kerry Jane Johnson.

2 The offender and the deceased knew each other as children and began to live in a de facto relationship in March 2000. They were both addicted to alcohol. On 12 April 2000 a fight erupted between them and there was an exchange of blows. The deceased lost a tooth. No action was taken. On the following day, while the offender and the deceased were drinking together, a man approached the offender and said that he wanted to have sex with the deceased. The offender reacted by repeatedly punching the deceased in the face. The police were called and arrested the offender. The deceased was taken to hospital and treated for injuries to her mouth. On 11 May 2000 the offender pushed the deceased to the ground and kicked her in the head, then jumped on her head with both feet. She bled from the mouth and the nose. The offender was charged with assault occasioning actual bodily harm and an apprehended domestic violence order was issued.