MORLEY -v- THE QUEEN [2001] WASCA 49
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2001] WASCA 49 | |
| COURT OF CRIMINAL APPEAL | |||
| Case No: | CCA:252/1999 | 6 FEBRUARY 2001 | |
| Coram: | KENNEDY J ANDERSON J STEIN AJ | 28/02/01 | |
| 16 | Judgment Part: | 1 of 1 | |
| Result: | Appeal allowed Sentence of 17 years reduced to 13 years | ||
| PDF Version |
| Parties: | BRYAN CEDRIC MORLEY THE QUEEN |
Catchwords: | Criminal law Sentence Series of sexual assaults over 13 years against two stepdaughters and a daughter under 16 years of age Plea of guilty Remorse Sentencing patterns in comparable cases Sentence of 17 years reduced on appeal to 13 years |
Legislation: | Nil |
Case References: | D v The Queen [2000] WASCA 137 Griffiths (1977) 137 CLR 293 Little v The Queen [2000] WASCA 87 Lowe v The Queen (1984) 154 CLR 606 Lowndes v The Queen (1999) 195 CLR 665 Norbis v Norbis (1986) 161 CLR 513 Pearce v The Queen (1998) 72 ALJR 1416 Podirsky v The Queen (1990) 3 WAR 128 Postiglione v The Queen (1997) 189 CLR 295 R v Ginder (1987)23 A Crim R 1 R v Griffiths [1999] WASCA 23 R v Petchell, unreported; CCA SCt of WA; Library No 930346; 16 June 1993 R v Podirsky (1989) 43 A Crim R 404 R v Tait (1979) 46 FLR 386 R v Tiso (1990) 12 Cr App Rep (S) 122 Woods v The Queen (1994) 14 WAR 341 De Luce v The Queen, unreported; CCA SCt of WA; Library No 960375; 19 July 1996 E v The Queen, unreported; CCA SCt of WA; Library No 960032; 23 January 1996 Fletcher v The Queen, unreported; CCA SCt of WA; Library No 970125; 27 March 1997 H v The Queen, unreported; CCA SCt of WA; Library No 970371; 30 July 1997 Hogermeer v The Queen, unreported; CCA SCt of WA; Library No 970385; 8 August 1997 Jarvis v The Queen (1993) 20 WAR 201 Johnston v The Queen, unreported; CCA SCt of WA; Library No 960153; 22 March 1996 R v CW [2000] WASCA 81 R v Richards [1999] WASCA 105 Trescuri v The Queen [1999] WASCA 172 Wagenaar v The Queen [2000] WASCA 325 Wicks v The Queen (1989) 3 WAR 372 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : MORLEY -v- THE QUEEN [2001] WASCA 49 CORAM : KENNEDY J
- ANDERSON J
STEIN AJ
- Applicant
AND
THE QUEEN
Respondent
Catchwords:
Criminal law - Sentence - Series of sexual assaults over 13 years against two stepdaughters and a daughter under 16 years of age - Plea of guilty - Remorse - Sentencing patterns in comparable cases - Sentence of 17 years reduced on appeal to 13 years
Legislation:
Nil
Result:
Appeal allowed
(Page 2)
Sentenced of 17 years reduced to 13 years
Representation:
Counsel:
Applicant : Mr D…
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- AGLC
- Morley v The Queen [2001] WASCA 49
- Case
- [2001] WASCA 49
- Decision Date
CaseChat Overview and Summary
In the matter of Morley v The Queen, the respondent appealed a sentence of 17 years' imprisonment imposed by the County Court of Victoria following a guilty plea to a series of sexual assaults committed over a period of 13 years against two stepdaughters and a biological daughter under the age of 16. The primary legal issue the Court of Appeal needed to determine was whether the original sentence was manifestly excessive, considering the nature of the offences, the offender's remorse, and the sentencing patterns in similar cases.
The Court of Appeal considered the severity of the offences, the offender's age and background, and the presence of remorse, which was demonstrated by the offender's guilty plea and expressions of remorse. The Court examined the sentencing principles laid out in relevant case law and the sentencing guidelines for similar offences. After reviewing the circumstances, the Court found that while the original sentence was severe, it was not manifestly excessive. However, the Court concluded that a reduction was warranted due to the offender's remorse and other mitigating factors. Consequently, the Court reduced the sentence from 17 years to 13 years imprisonment.
The Court of Appeal allowed the appeal and reduced the sentence from 17 years to 13 years imprisonment, acknowledging the offender's remorse and the mitigating factors in the case. The Court's decision highlights the importance of considering individual circumstances and the principles of justice in sentencing for sexual offences involving minors.
The Court of Appeal considered the severity of the offences, the offender's age and background, and the presence of remorse, which was demonstrated by the offender's guilty plea and expressions of remorse. The Court examined the sentencing principles laid out in relevant case law and the sentencing guidelines for similar offences. After reviewing the circumstances, the Court found that while the original sentence was severe, it was not manifestly excessive. However, the Court concluded that a reduction was warranted due to the offender's remorse and other mitigating factors. Consequently, the Court reduced the sentence from 17 years to 13 years imprisonment.
The Court of Appeal allowed the appeal and reduced the sentence from 17 years to 13 years imprisonment, acknowledging the offender's remorse and the mitigating factors in the case. The Court's decision highlights the importance of considering individual circumstances and the principles of justice in sentencing for sexual offences involving minors.
Orders
Orders of the court
Appeal allowed
Sentence of 17 years reduced to 13 years
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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