Martin v R [2019] NSWCCA 197

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Martin v R [2019] NSWCCA 197 Hearing dates: 22 July 2019 Date of orders: 26 August 2019 Decision date: 26 August 2019 Before: Basten JA at [1] Johnson J at [2] Price J at [90] Decision: 1. Grant leave to appeal against sentence. 2. Appeal against sentence dismissed. Catchwords: CRIMINAL LAW – leave to appeal against sentence – offender pleaded guilty to 22 offences relating to child pornography and child abuse material – additional 15 child pornography offences taken into account on sentence – offender transmitted and solicited child abuse material to and from various male children – possession of child abuse material – offender transmitted indecent communications to various victims – offending conduct occurred over two-and-a-half-year period involving multiple offences and actual victims – two child victims of indecent communications identified – victims provided victim impact statements – two grounds of appeal that overall sentence was manifestly excessive as sentences imposed on discrete counts were manifestly excessive – element of artificiality in the complaints – sentences for discrete counts open to sentencing Judge – no error demonstrated – ground of appeal that overall sentence was manifestly excessive – active and persistent offender – favourable findings based on psychological evidence – cautionary approach given limited insight into offending behaviour – general deterrence a primary consideration in offences involving sexual predatory conduct towards children – no demonstrable error in total effective sentence – leave to appeal granted – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Criminal Code (Cth) Cases Cited: Dinsdale v R [2000] HCA 54; (2000) 202 CLR 321 Director of Public Prosecutions (Cth) v Garside (2016) 50 VR 800; [2016] VSCA 74 Director of Public Prosecutions (Cth) v Ramos [2018] VSCA 290 Hong v R [2017] NSWCCA 238 Lyons v R [2017] NSWCCA 204 McNiece v R [2019] VSCA 78 Miao v R [2017] NSWCCA 89 Milliner v R [2019] NSWCCA 127 Minehan v R (2010) 201 A Crim R 243; [2010] NSWCCA 140 Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221 Peters v R [2018] NSWCCA 126 R v De Leeuw [2015] NSWCCA 183 R v Lamella [2014] NSWCCA 122 R v Porte (2015) 252 A Crim R 294; [2015] NSWCCA 174 R v Thalari (2009) 75 NSWLR 30; [2009] NSWCCA 170 Texts Cited: --- Category: Principal judgment Parties: Aaron James Martin (Applicant) Regina (Respondent) Representation: Counsel: Mr GD Wendler; Mr CLW Street (Applicant) Mr A McGrath (Respondent)