NSW Caselaw
Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Martin v R [2012] NSWCCA 253 Hearing dates: 27 November 2012 Decision date: 13 December 2012 Before: Hoeben JA at [1] Davies J at [2] Campbell J at [61] Decision: (1) Grant leave to appeal. (2) Appeal allowed. (3) Quash the sentences imposed by Judge Garling in respect of the second set of offences. (4) In lieu, sentence the Appellant as follows: (a) In respect of Count 2 a non-parole period of 12 months commencing 30 July 2012 and expiring 29 July 2013 with an additional term of 9 months expiring 29 April 2014; (b) In respect of Count 1, and taking in to account the matters on the Form 1 a non-parole period of 14 months commencing 30 September 2012 and expiring 29 November 2013 with an additional term of 1 year 8 months expiring on 29 July 2015; (c) In respect of Counts 3 & 4, imprisonment for a fixed term of 12 months commencing 20 July 2012 and expiring 19 July 2013. (d) Direct that in respect of Count 2 the Appellant be released on parole on 29 July 2013; (e) Direct that in respect of Count 1 the Appellant be released on parole on 29 November 2013. Catchwords: CRIMINAL LAW - sentence - indecent assault of young children - produce child pornography - offender concealed camera to film young girls - multiple offences -special circumstances - judge increased additional term rather than reducing non-parole period to preserve statutory ratio Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Cross v R (No. 2) [2012] NSWCCA 234 R v Hung Lo [2005] NSWCCA 436 R v Huynh [1995] NSWCCA 220 R v Tobar; R v JAN [2004] NSWCCA 391 Terry v R [2006] NSWCCA 351 Category: Principal judgment Parties: Ronald George Martin (Applicant) Crown Representation: Counsel: I McLachlan (Applicant) M Cinque (Crown) Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2010/107331 & 2010/228092 Decision under appeal Date of Decision: 2011-08-25 00:00:00 Before: Garling DCJ File Number(s): 2010/107331 & 2010/228092
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