R v David MARTIN [2011] NSWSC 1189

Supreme Court New South Wales

Medium Neutral Citation: R v David MARTIN [2011] NSWSC 1189 Hearing dates: 20, 21, 23 – 30 June 2011, 1 – 7, 11 – 27, 29 July 2011, 1, 2, 4 – 11, 15 - 18, 22 - 31 August 2011, 1 – 7, 30 September 2011 Decision date: 12 October 2011 Jurisdiction: Common Law - Criminal Before: Kirby J Decision: Sentenced to a total non-parole period of 16 years, with an additional term of 5 years, a total of 21 years. Count 1: a non-parole period commencing on 9 May 2009 and ending on 8 November 2010 with an additional term of 6 months ending on 8 May 2011, a total term of 2 years. Count 6: a fixed term of 6 months, concurrent with the previous sentence, commencing on 9 May 2009 and ending on 8 November 2009. Count 2: a non-parole period of 15 years commencing 9 May 2010 and ending on the 8 May 2025, with an additional term of 5 years, ending on 8 May 2030. The offender will be eligible for release on parole on 8 May 2025 and the sentence will expire on 8 May 2030. Catchwords: CRIMINAL LAW - sentence - murder - reckless wounding - common assault - standard non-parole period - objective seriousness of offence - test after R v Way - Stabbing of two victims - Weapon a matter of aggravation - accumulation and concurrency Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Cases Cited: R v Way [2004] NSWCCA 131; (2004) 60 NSWLR 168 Muldrock v R [2011] HCA 39 Makarian v R [2005] HCA 25; (2005) 228 CLR 357 R v McCullough [2009] NSWCCA 94; (2009) 194 A Crim R 439 R v Whitmore (2009) NSWSC 520 R v Previtera (1997) 94 A Crim R 76 R v XX [2009] NSWCCA 115 Category: Sentence Parties: Regina (Crown) David MARTIN (Accused) Representation: R Herps (Crown) I Todd (Accused) Solicitors for Public Prosecutions (Crown) Legal Aid Commission of NSW (Accused) File Number(s): SC 2009/37901