Martin v R [2011] NSWCCA 188

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Martin v R [2011] NSWCCA 188 Hearing dates: 3/08/2011 Decision date: 22 August 2011 Before: McClellan CJ at CL at [1] Simpson J at [2] Fullerton J at [3] Decision: 1. Leave to appeal granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW - appeal against sentence - break and enter and commit serious indictable offence - whether sentencing judge erred in assessment of objective seriousness of offence - whether sentencing judge erred in failure to provide reasons for departure from standard non-parole period - whether sentencing judge erred in finding offence was aggravated Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Cases Cited: Hiron v R [2007] NSWCCA 336 Ngati v R [2008] NSWCCA 3; 180 A Crim R 384 R v McNaughton [2006] NSWCCA 242; 163 A Crim R 381 Shaw v R [2008] NSWCCA 58 Terkmani v R [2009] NSWCCA 142; 195 A Crim R 298 Zammit v R [2010] NSWCCA 29 Category: Principal judgment Parties: Jason Paul Martin (Applicant) The Crown Representation: Counsel T Gartelmann (Applicant) S Dowling (Crown) Solicitors Legal Aid Commission of NSW (Applicant) Director of Public Prosecutions (Crown) File Number(s): 2009/5326; 2009/46343 Decision under appeal Jurisdiction: 9101 Date of Decision: 2010-04-22 00:00:00 Before: Tupman DCJ File Number(s): 2009/5326; 2009/46343