MARTIN, Alexandra Jane v R [2013] NSWCCA 24

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: MARTIN, Alexandra Jane v R [2013] NSWCCA 24 Hearing dates: 7 February 2013 - Decision delivered 07.02.2013. Reasons published 7 March 2013 Decision date: 07 March 2013 Before: Bathurst CJat [1]; Fullerton J at [2]; Beech-Jones J at [3] Decision: (1) Application for leave to appeal be granted. (2) Appeal allowed. (3) Set aside the orders made by Lerve DCJ on 30 May 2012. (4) Pursuant to s 9(1) of the Crimes (Sentencing Procedure) Act 1999 direct the applicant to enter a bond for a period of 6 months to date from 7 February 2013 which is subject to the condition that, during the term of the bond, she will appear before the Court if called on to do so at any time and will be of good behaviour. Catchwords: CRIMINAL LAW - appeal against severity of sentence - break and enter and commit serious indictable offence - assault occasioning actual bodily harm - guilty plea - first time offender - prior good character - unlikely to reoffend - youth - whether trial judge erred in assessment of facts - whether trial judge erred in assessment of level of criminality and objective seriousness - whether sentence of imprisonment manifestly excessive. Legislation Cited: - Crimes Act 1900, s 112(1)(a) - Crimes (Sentencing Procedure) Act 1999, s 5, s 9(1), s 21A(2)(eb), s 54A(2), s 95(A)(b) Cases Cited: - Muldrock v The Queen [2011] HCA 39; 244 CLR 120 - R v Koloamatangi [2011] NSWCCA 288 - R v Martin, Alexandra Jane [2012] NSWSC 801 - R v Sivell, Andrew John [2009] NSWCCA 286 - R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 Category: Principal judgment Parties: Alexandra Jane Martin (Appellant) Regina (Respondent) Representation: Counsel: A. Francis (Appellant) M.M. Cinque (Crown) Solicitors: Kevin Hockey & Associates (Appellant) Solicitor for Public Prosecutions (Crown) File Number(s): 2012/021797 Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-05-30 00:00:00 Before: Lerve Acting DCJ File Number(s): 2012/021797