NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Martinelli v Regina [2009] NSWCCA 175
HEARING DATE(S): 23 June 2009
JUDGMENT DATE: 23 June 2009
JUDGMENT OF: Spigelman CJ at 1, 46; McClellan CJatCL at 44; Johnson J at 45
DECISION: 1 Leave to appeal granted. 2 Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - sentence - relevant factors - nature and circumstances of offender - gambling addiction – objective seriousness of offence – no evidence of compulsion or obsession or direct link to offending - CRIMINAL LAW - sentence - purpose of sentence – deterrence – overall criminal history indicated that personal deterrence was a matter entitled to weight - CRIMINAL LAW - sentence - sentencing procedure - material relevant for determining appropriate sentence - pre-sentence reports – trial judge entitled to doubt comments in pre-sentence report
LEGISLATION CITED: Drug Misuse and Trafficking Act 1985
R v Cavallin (Victorian Court of Appeal, 24 July 1996, unreported) R v Petrovic [1998] VSCA 95 CASES CITED : R v Molesworth [1999] NSWCCA 43 R v Novak (1993) 69 A Crim R 145 R v Way [2004] NSWCCA 131; (2004) 60 NSWLR 168
PARTIES: Nicholas Martinelli (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2008/7595
COUNSEL: A J Bellanto QC (Applicant) L Babb SC (Respondent)
SOLICITORS: Bilbie Dan Solicitors (Applicant) Solicitor for Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/7595
LOWER COURT JUDICIAL OFFICER: Coolahan DCJ
LOWER COURT DATE OF DECISION: 3 September 2008
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