Martino v R

[2024] NSWCCA 93

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeals
3. › Appeals against sentence
4. › Pre-sentence custody
5. › Backdating of sentence
6. › Whether sentencing judge erred in extent of backdating
7. › Whether pre-sentence custody already accounted for by prior sentences
8. › Crimes (Sentencing Procedure) Act 1999 (NSW), ss 24(a), 47(3)
1. Criminal Law
2. › Appeals
3. › Appeals against sentence
4. › Sentencing discretion
5. › Weight given to remorse and offers of restitution
6. › Whether finding of limited genuine remorse was open on the evidence
1. Criminal Law
2. › Appeals
3. › Appeals against sentence
4. › Sentencing discretion
5. › Weight given to mental health evidence
6. › Whether sentencing judge failed to properly consider psychiatric report
1. Criminal Law
2. › Sentencing
3. › Intensive correction orders
4. › Availability
5. › Whether ICO available where sentence exceeds 2 years
6. › Crimes (Sentencing Procedure) Act 1999 (NSW), s 68(1)

Quick Take

Where an offender's pre-sentence custody has been accounted for by backdating in a prior sentence, it is impermissible for the offender to receive the benefit of that pre-sentence custody a second time when sentenced for a different offence.

Case Details

Citation[2024] NSWCCA 93

CourtNSWCCA

JurisdictionNew South Wales

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Cited by4

2026R v Forrest (No 4)NSWSC 260
2025R v Saliba (No 4)NSWSC 659
and 2 more after sign-in

Relies on

R v MMKNSWCCA 272
Cahyadi v ReginaNSWCCA 1
Zreika v RNSWCCA 44
Douar v RNSWCCA 455

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