Martin v R [2016] NSWCCA 273

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Martin v R [2016] NSWCCA 273 Hearing dates: 30 November 2016 Decision date: 30 November 2016 Before: Hoeben CJ at CL at [1]; Adams J at [2]; R A Hulme J at [5] Decision: 1. Leave to appeal against sentence granted. 2. Appeal against sentence dismissed. Catchwords: CRIMINAL LAW – appeal against sentence – armed robbery with wounding – Crimes Act 1900 s 98 – no failure to identify and assess factors relevant to the objective seriousness of the offence – no failure to give effect to a finding of special circumstances in imposing a sentence partially accumulated on a balance of parole – no error in having regard to the victim as a "vulnerable person" in the circumstances – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) s 98 Criminal Procedure Act 1986 (NSW) s 166 Crimes (Sentencing Procedure) Act 1999 (NSW) s 44(2) Cases Cited: Callaghan v R [2006] NSWCCA 58; 160 A Crim R 145 Caristo v R [2011] NSWCCA 7 R v Henry [1999] NSWCCA 111; 46 NSWLR 346 R v Huynh [2003] NSWCCA 239 R v Moffitt (1990) 20 NSWLR 114 R v Tadrosse [2005] NSWCCA 145; 65 NSWLR 740 Category: Principal judgment Parties: Ridge Martin (Applicant) Regina (Respondent) Representation: Counsel: Mr S Schaudin (Applicant) Mr E Balodis (Crown)

Solicitors: Legal Aid NSW Solicitor for Public Prosecutions File Number(s): 2014/261981 Decision under appeal Court or tribunal: District Court Date of Decision: 11 September 2015 Before: King SC DCJ File Number(s): 2014/261981