battery charger pdf Terry Martin's sentencing decision

by:KEBO      2019-09-01

The defendant, Mr. Martin, appeared to have been found guilty by a jury on charges of having sex with a young man, and the production of a child exploitation material.The offences occurred at the respondent's home on the evening of September 13, 2009, involving a female complainant, a girl aged 12 and 11 months at the time.The accused was convicted of both crimes and I allowed him to pay a $100 Compensation Tax for victims of crime 28 days after his release.
The background of these crimes is well known and has always been a topic of public discussion.As to the circumstances that led to these offences, and of course the offences themselves, I will limit myself to the evidence presented at the trial and the material generated during the sentencing hearing.To better describe, in order not to invent another name for the girl in question, I will continue to use the rather clumsy term "complainant.
In mid-2009 the complainant lives with her mother, who has a close male friend.At the end of August 2009, the complainant was with her mother and male friends in her mother's home.When her mother complained that there was not enough money, the man suggested that money could be made through prostitution.The three of them agreed that the complainant would become a prostitute.The next day, the man wrote an advertisement.The ad says "Angela, 18, new resident in town" and gives a phone number.The man arranged the advertisement to be published in the local newspaper.The ad appeared on August 22, 2009 and repeated it five times over the next three weeks.The mother booked a room at a city hotel and the complainant saw many clients in two days and had sex with them.After spending this time at the hotel, the complainant decided to work in the male residence of greennoch.In the following month, the complainant worked mainly from Thursday to Sunday.Over four weeks, the complainant had seen more than 100 people having sex with her.Except for one time when she went to the defendant's house, it all happened in the male unit.I digress to point out that with respect to the fate of other clients, the attorney general has published the facts that have been submitted to him for reasons only a few have talked about, and the reason for not filing a lawsuit against those who agreed to speak frankly to the police.
Back in the narrative, the defendant saw the advertisement in the newspaper and called on September 11, 2009.He went to the unit and was brought in by another woman and saw the complainant in the living room.The evidence shows that both the living room and the bedroom of the unit are darkened.In the bedroom she took off her clothes quickly and he was slower and they had a brief conversation, including a change of money.There is no need to elaborate on the events, but he gave her oral sex and spent about an hour in the bedroom when he was upset by the male voice outside the room.In an interview with the police, he said he was dressed at the time, during which time she apologized for the noise, he said he had a good time and she answered in the same terminology.He then asked her if she "called" and she said she would do so if she knew the person.He said he would call sometime on the weekend.He called her on Sunday and arranged for her to come to his house.
Of course, the accused was not charged with the glenorunit incident.At the trial, the complainant, at the request of 2001 s6 of the evidence (children and special witnesses) Act, provided evidence from the remote witness room via a video link, with only one supporter, there was also a court technical officer present.She said she remembered going home, but initially said she did not remember if any sexual activity had occurred.She went on to say that the two took a spa bath and the accused gave her a massage and gave her oral sex.He also took photos for her, but she can't remember if they were involved in any sexual activity when they were taken.
In his police interview, the defendant described that after arranging an appointment with the complainant, she later called the complainant and delayed the appointment by an hour.She also asked him if he would pay an extra $100 because it was the "out-of-town call" he agreed ".When she arrived, he paid $500 when he noticed that his camera was on a bench in the kitchen with a battery charger on the table.He asked her to pose for a photo for $50.She agreed to do so for $100.He went on to say that he had performed oral sex on her for quite some time, after which she commented on what had happened in terms of direct, image and some compliments.He said that then she began to perform oral sex on him, but it was difficult for him to maintain an erection, so they walked into the bedroom at the time, where he took pictures of her.Some were her blowjob, and then he took her to the other rooms where she posed.The two crimes were completed at that time.They have a spa tub where they talk about a few things, including her real name, why she was involved in prostitution (some of the truth in it), more general subjects.At this stage it is close to the end of the available time.They dressed immediately, and after that he heard someone knocking on the door, the complainant replied that it might have been her friend who drove her and had been waiting at a nearby hotel.There seem to be 126 photos taken in total.Many people are repeated, apparently taken one by one.Of the total, only six show the oral penetration of the complainant's accused.31 of them did not include the head, or could not identify the complainant's facial features at all, although I realized that all of them were stored together.The rest, except for about 10, all show nude or semi-naked poses without genital exposure.
As to the age of the complainant, the defendant told the police that he believed she was 18 years old.He mentioned some factors in this regard.The bottom line, he says, is that she advertises at that age, she looks like that age, and she has confidence in her way and her sexuality.In the preliminary discussion between the accused and the police, it seems thatThe specific content of the survey was prostitution of a 12-year-old girl.In an interview, he said that the total amount of $600 paid at night reminded him of the special girl because it was an unusual amount.He said it was impossible for him to think of anyone near the age of 12 all his life.The jury has evidence of his possession of child pornography, which I will mention later.Prior to that, in order to include the statements made by the accused in the police interview in the context.The general idea is that if he sleeps with a 12-year-old, this is the most disgusting thing he can think of, and admits that the picture of the child looks terrible, he did not intentionally have sexual relations with persons under the age of 18;He would "find it hateful ".
The jury failed to make a ruling on the allegations of indecent assault related to oral sex upon the complainant's arrival.They cannot agree whether the Crown has no doubt proved that the respondent did not honestly and reasonably believe that the complainant was 17 years old.From the factual basis of sentencing, this may have some significance.The guilty verdict has to do with his oral penetration of her and taking pictures.With respect to the first offence for which Mr Martin was found guilty, if sexual intercourse was established in the meaning of the code, and the objective facts of the age of the person.Once these elements have been identified, it is a defense if the defendant establishes that he or she has a reasonable reason to believe that the person is 17 years old or over.
The decision to have sex with young people may mean something.This may mean that the jury is not satisfied with the balance of probabilities in which he has any faith, or is satisfied that the defendant believes that she is 17 years old or older, but is not satisfied that such belief is based on reasonable grounds;That is to say, he should have reason to form her younger point of view.All these options mean that Mr. Martin should know that the complainant is under age.
With respect to the second allegation, the question in this case is whether the Crown proves that the respondent knows or should know that the complainant is under the age of 18, which is beyond doubt.The defendant was engaged at all times in the service of underage prostitutes, which was not an official case and there was no evidence to prove it at all.The respondent believed at all times that the complainant was her real age, which was not an official case and there was no evidence.Based on the evidence provided by the accused police interview, I am satisfied that this is not the case.The Crown admitted that this case was one of the cases that the defendant should have known.I believe that the appropriate factual basis for sentencing consistent with the judgment is that the respondent believes that the complainant is 18 years old, but at the time of the crime, the reasonable grounds for this belief have subsided.He should know that she is only 17 years old.However, the evidence suggests that there is reasonable reason to believe that the complainant is approximately 15 years old and may be 16 years old.Both investigative police initially mistaken the complainant for her 15-year-old sister, and even during the course of the investigation, if the identity was correct, a police officer's assessment of her age was between 15 and 16 years old.On August 2008, a police officer who was involved in youth affairs and contacted the complainant set the complainant's age between 13 and 15 years old, and a child protection worker who contacted the complainant, also in August 2008, she was 15 years old.All provided evidence that after a period of conversation with the complainant, her emotional maturity was clearly in line with her age, which of course was what they knew, their dealings with the complainant did not involve her work as a prostitute.Based on all the evidence, I believe that sentencing should be based on constructive knowledge of the age of less than 17, rather than real or constructive knowledge of the actual age of the girl.
Mr. Martin lived an extremely diligent life and made a great contribution to the community.Starting with real estate, he ventured into the motel management department, during which he was the head of the Tasman division of some tourism and related agencies and a member of the national agency.Like his father, he is both the mayor of the grinnoch City Council and a member of the Legislative Council who has served as an independent member since May 2004 for a six-year term.The list of civic and community activities he worked on between 1983 and 2009 was very long, referring to a competent person who was committed to the interests of the community.He has no convictions for any major offences, although this is often the case, and the facts should not be taken seriously.
Mr. Martin's offense is directly related to the treatment of Parkinson's disease.Many facts are listed in his police interview, but this position is now supported by expert medical evidence submitted after trial and at sentencing hearings.This seems to have started in 2003, but was not properly diagnosed until around October 2005.His state of life, including his commitment to work, is basically alone.He took a drug and reported a good response to it, but soon found that the drug was not enough to control his symptoms.In August 2006, the dose of the drug increased, while he was given a dopamine activator (cameline ).This does not seem to have much impact, and the dose doubled in January 2007.This dose is reported to be well tolerated and his physical symptoms have improved.In July 2007, the dose of Carmeline doubled.Mr. Martin has always had an extremely active sexual desire and has begun to engage in the service of sex workers.On July 2008, his attending physician reported these difficulties to him.The basic nature of the drug has been maintained, but in order to solve this problem, the special type of drug has been changed to pramiprexole.There have been some improvements in the short term, but the difficulties continue.These drugs have proved to have disastrous consequences.In short, Mr. Martin has shown signs of excessive sexual desire and other impulsive control disorders.I received a full report from neurologist Dr. Evans in June 2, 2010 and psychiatrist Dr. Ian Searle in November 17, 2011.There was no official objection to anything contained in the report, whether it was the facts of the report or the opinion.
Sexual impulses or excessive sexual impulses, medical terms for the desire to engage in sexual behavior at a level that is considered unusually high in normal development or culture, and the level leading to sexual behavior for the affected person, A painful or serious problem ...... It is considered a psychological disorder characterized by excessive sexual desire and obsession with sex, as well as a taboo on reduced sexual desire.It is generally considered as a form or related to a mental illness known as an impulse control disorder (ICDs.
Dr. Evans went on to describe in detail Mr. Martin's description of a pattern of behavior that Dr. Evans thought would be very typical for dopamine-induced sexual behavior in Parkinson's disease, this behavior appeared after the beginning of Camelback forest.
Sex becomes an obsession.
At the end of 2006, he began to look at pornographic works he had not done before on the Internet, which have increased over the next few years.This includes child pornography, but I have not been sentenced for this.
In January 2007, he began working as a sex worker, and this activity became forced.
Between January 2007 and October 2009, he employed 162 different sex workers (including the complainant) and spent approximately $506 on 150,000 occasions.
He recorded the full details of these encounters on his spreadsheet and began collecting photos of his engagement with sex workers.
Later, his sexual interest expanded, engaged to a transgender person in July 2008, and engaged to a male sex worker in August 2008, before which he had no sexual appeal to men.
Dr. Evans said, "it is clear that Mr. Martin is suffering from severe over-sex or forced sex related to the use of dopamine agitation.He also has dopamine.Agons caused a change in sexual preference.Supersexual development takes place in the context of the introduction of cameline at the time of the first increase [1.It stopped shortly after stopping all the treatment of dopamine agitation on November 2009. ".
Dr. Evans pointed out that the impulsive and forced behavior induced by dopamine activator often exhibits a variety of different types of control disorders.He said that Mr. Martin showed evidence of some dopamine-stimulating forced purchases, and he also showed evidence of what was called "hiccups", which meant complex long-term aimlessness and stereotypesOn Mr Martin, this is manifested in the slides that he spent hours in the evening preparing his female photos downloaded from the Internet or taken by himself.He didn't look at these, but his forced participation was simply assembling them.He showed a tendency to Overstock, and in general, his beating of the pun was carried out on a medium to heavy basis.Another common feature presented by Mr Martin is the addictive denial of the harm this behavior has done to this person.Doctorxa0Evans said that Mr. Martin's sexual impulses were forced and apparently very painful and disabling.Mr. Martin was interviewed by the police as he outlined the course of the incident, clearly demonstrating his distress and confusion.
At the end of the report, Dr. Evans said there was overwhelming evidence thatxa0Martin's over-excitement, impulsiveness, forced shopping, and hoarding are directly attributed to the dopamine activator in the treatment of Parkinson's disease, and he is unable to control the behavior induced by the dopamine activator, even aware of the underlying link between his behavior and treatment.
Dr. Searle said he suspected that Mr. Martin's difficulty was a mental illness and that there had been a marked change compared to his previous level of functioning, which had a disastrous effect on his life.Before the onset of Parkinson's disease, Mrxa0Martin is in good health and has a strong adaptability. he has not had abnormal sexual interest or behavior before, especially no signs of sexual interest in children.Dr. Searle submitted that Mr. Martin's recent abnormal sexual behavior was entirely due to the effects of the drug prescribed to him.
After stopping the drug, it was difficult to determine an effective drug treatment plan, and eventually in the middle and late 2010 Mr Martin underwent two neurosurgery operations with a deep brain stimulation.Now, there has been a marked improvement in his mobility barriers, but his illness is profound and progressive.
Since being charged in October 2009, Martin has become more isolated in society.Instead of taking too much risks, he relies on his friends to shop and so on.He suffered from anxiety, depression and suicidal thoughts.A suicide attempt could have been successful without the intervention of a friend.The huge amount of money he spent on sex workers and the high cost of neurosurgery deprived him of the benefits of his pension savings, and he now relies on the income policy of disability insurance, when he is 65, the payment will end.
In this case, it may be desirable to talk about the general sentencing principle.The sentencing act provides for a wide range of sanctions and measures aimed at protecting the public through incapacity, deterrence of others, and prevention of re-offendingCrimes are committed through punishment, encouragement and rehabilitation, and condemnation of specific acts.This response must be commensurate with the nature of the offence and the circumstances of the particular offence, including its impact, and with the circumstances of all offenders considered.In different cases, many different factors may be generated to some extent.Mr. Martin appears to have become a lightning bolt of community anger, spread through the media, and placed the complainant in an unquestionable and outrageous situation.The two immediately in charge have been dealt with and each sentenced to ten years' imprisonment.Mr. Martin will not be sentenced for being a media appointed representative or part of the community, among the men who have paid for sexual relations with the complainant but have not been prosecuted.I have referred to the report of the attorney general on the facts presented to him, and the reasons why the client was charged only with Mr. Martin.This is where things should rest in this sentencing process.
These opinions lead to another sentencing principle.In terms of the objectives that can be achieved, given the various facts and circumstances from one case to another, consistency is desirable in terms of the objectives that can be achieved.Statistical evidence can provide guidance on the overall trend of sentencing as a wide range can be seen.As pointed out internallyAdvice provided by the office to the attorney general, historically, the single count of sexual relations with young people resulted in approximately 60Imprisonment sentence, imprisonment of more than six months is rare for the rest of the time, unless there is a serious breach of trust.The comparison between individual cases is at least unlikely to be productive and, if not dangerous, can be very misleading, however, if there is a high degree of similarity and the sentence is within the established wide range, there may be some benefits to this.It is more beneficial that these comments may reveal the relevant factors that guide the work.
The court heard another case involving a minor female prostitute, which may help to look at the case from a certain perspective and provide guidance on the relevant factors.On December 11, 2006, in DRW, a 47-year-old young man was sentenced to five months in prison for two offences of sexual intercourse with a young man, a 14-year-old female prostitute, the defendant is a teacher whose age is well known.The sentencing judge said that given certain loss of registration, inability to continue to engage in occupation, loss of reputation, the sentence would not be as severe as in some cases, the lack of previous beliefs "and that he is not the only or original corruptor of the girl ".There was also the JB case of May 10, 2007 in which the offence had sex with a young man.When the 53-year-old defendant had sex with her for two months, the female complainant was slightly older than 16.The same sentencing judge noted that the woman had extensive sexual experience and had worked as a prostitute for some time before "so it cannot be said that he had damaged her.The accused is the caregiver of the girl and, in this breach of trust, considers it necessary to imprison immediately for six months.It was pointed out that the defendant would not be able to serve as a caregiver again, and that the defendant had previously been convicted of indecent assault at a considerable age.There was also a case involving a 14-year-old female prostitute who was also sentenced to 18 from May 2007.xa0Imprisonment for several months, but due to the number and nature of the allegations involved, including the supply of drugs addicted to girls, there is no comparison and a living on prostitution.The crime of producing exploitation of children's materials is a very serious crime, but so far, in a few cases before this court, the facts and circumstances are significantly different.
I will now deal with specific factors that I think are relevant in this case.Of course, it must be acknowledged that the exploitation and manipulation of the complainant by her mother and her mother's friends is outrageous and regrettable in extreme circumstances.I noticed their fate.I am dealing with Mr. Martin's criminal conduct at home on a particular evening, as well as the personal circumstances he outlined.The medical evidence of experts clearly confirms the mental illness caused by drugs.This is not a case of the use of illicit drugs, nor is it a case of abuse of prescription drugs, and therefore the addiction or conduct leading to the crime will not be considered as a mitigating factor: see R v Henry (1999) 46 NSWLR 346 at 385.What, sir?xa0The pain Martin suffered was really a disease that, without a doubt, had to be treated as a mitigating factor.This is not recommended by officials.If a person with a mental illness or a mental illness has a reduced choice and behavioral ability, then their full moral reasoning and judgment ability will be impaired, which should be reflected in the sentence: see Tsiaras v R [1996] 1 VR 398,400.On this basis, although the defendant's strict legal responsibility cannot be mitigated, his moral responsibility is small and should be punished accordingly.This affects punishment in all cases, meaning that the person may not be an appropriate tool to express the general deterrent factor.In this case, a highly personalized approach is required.
In this case, Mr. Martin also has a potential in serious cases, health certainly cannot be exempted from imprisonment or severe punishment.But the health of the offender is always a relevant factor, and if, due to the health of the offender, imprisonment seems to put a greater burden on him, it will mitigate, or if there is a serious risk, imprisonment can seriously affect the health of a person: Smith v R (1987) 44 SASR 576.In this case, Mr Martin was asked to go to Melbourne for neurosurgery and he needed to keep following upI was told that he would most likely relocate when he was free.

The complainant is a particularly vulnerable young man who has been severely exploited by others.
2 The age gap between the respondent and the complainant is significant, although there is no indication that Mr. Martin is at any time trying to have sex with a minor.
No one said that Mr. Martin knew her actual age and no one believed that her actual age was the same.
The number of photos taken is large, and while it is not intended to be distributed or displayed, it is possible to fall into the hands of the bad guys.
Most photos are at the low end of content seriousness.
6 The accused is not the original corrupt person, but, although to a small extent, will contribute to or intensify corruption.However, unlike the unfortunate circumstances, the production of the photos did not present the complainant with the act of recording.
7 The implementation of the crime is directly related to mental illness, which is caused by drug treatment in serious physical condition.But with regard to medication, he would not engage the services of sex workers and would not engage with the complainant.
8 while he should be aware that the complainant was under 17 years of age at the time of the crime, medication significantly reduced his sexual desire and his ability to make the right judgment was adversely affected.
Mr. Martin agrees.Working with the police to speak out in his interview;If he refuses to talk to the police, his prosecution may prove at least very difficult.
I acknowledge that Mr. Martin's reputation has undoubtedly been irretrievably damaged, if not destroyed, regardless of the reasons for his use of sex workers and his subsequent involvement in the complainant's services.
I'm very satisfied.offending.
All these things must be balanced.In my view, it is true that the whole act needs imprisonment from an objective point of view.Basically, this has to do with the complainant's vulnerability and her apparent circumstances and it should be known about her apparent age, her sexuality and the many photographs taken.The question that brings me a lot of difficulty is the extent to which Mr Martin should immediately serve the proper term.Mr. lawyer.xa0In Martin's view, the sentence that did not involve immediate imprisonment was appropriate.I have recorded the fact that the Crown has not, as it is entitled to do under the Sentencing Act s80, sought in this case any opinion as to whether a judgment of any kind is appropriate, or make any suggestion as to the sentence that should be imposed.Mr. Martin has been in detention since November 22.
In the balance exercise, I think the main feature is, simply put, the fact that there is a direct causal relationship between the drugs prescribed for Martin Parkinson's disease and the crime.I am satisfied with that as far as all the material is concerned, but with this drug he will not face a sentence for these offences.It seems to me that the proper application of the principle does not require Mr. Martin to be in detention for at least a further period of time immediately.Sir.xa0Martin you was sentenced to 10 months in prison on November 22, 2011, and the execution of the balance was suspended on the condition that you did not commit a crime and could be sentenced to two years in prison.
I am not satisfied that you pose a risk in the sense of the Community Protection (Offender Reporting) Act and I have not ordered it.I did order the confiscation of the photos that constituted annex p6 to the trial.
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