R v Martinez & Tortell [2017] NSWSC 1659

Supreme Court New South Wales

Medium Neutral Citation: R v Martinez & Tortell [2017] NSWSC 1659 Hearing dates: 24 July 2017;11 August 2017 Date of orders: 12 December 2017 Decision date: 12 December 2017 Jurisdiction: Common Law - Criminal Before: Mathews AJ Decision: Martinez: (accumulating two offences) NPP 15 years 9 months – balance 6 years Tortell: NPP 16 years – balance 6 years Catchwords: CRIMINAL LAW - Sentence – murder – reckless wounding in company - joint criminal enterprise Legislation Cited: Crimes Act 1900 Crimes (High Risk Offenders) Act 2006 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Law Enforcement (Powers and Responsibility) Act 2002 Cases Cited: Muldrock v R [2011] HCA 25 Imbornone v R [2017] NSWCCA 144 Category: Sentence Parties: Regina Wade Martinez Jake Tortell Representation: Counsel: Mr C Patrick SC (Crown) Ms J Hickleton (Martinez) Mr K Chapple SC (Tortell)

Solicitors: Solicitor for the Director of Public Prosecutions NSW Danny Lagopodis Lawyers Alexanders Lawyers File Number(s): 2015/2518122015/251805 Publication restriction: No

Judgment

Introduction 1. HER HONOUR: On 20 March 2017 Wade Martinez and Jake Tortell were indicted on two charges: first that on 14 February 2015 they murdered Gewargis Garmo; second, that on the same day they wounded Gewargis Garmo with intent to cause grievous bodily harm. They each pleaded not guilty to both charges, and a jury trial then took place. On 28 April the jury returned with a verdict of guilty against both men in relation to the murder charge. In relation to the second charge, Mr Martinez was found guilty of the lesser charge of recklessly wounding Mr Garmo in company. Mr Tortell was found not guilty. Accordingly they both come to be sentenced in relation to the murder charge, and Mr Martinez also in relation to the charge of recklessly wounding in company.