SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2016 0052
| ROBERT LEONARD MORRIS | Appellant |
| v | |
| THE QUEEN | Respondent |
---
| JUDGES: | MAXWELL P and CAVANOUGH AJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 8 September 2016 |
| DATE OF JUDGMENT: | 19 December 2016 |
| MEDIUM NEUTRAL CITATION: | [2016] VSCA 331 |
| JUDGMENT APPEALED FROM: | [2016] VCC 409 (Judge Mullaly) |
---
CRIMINAL LAW – Appeal – Sentence – Indecent assault of person under 16 (6 charges) – Representative charges – Total effective sentence 6 years, non-parole period 4 years – Whether sentences manifestly excessive in whole or in part – Child victims – Appellant was victims’ teacher – Abuse of power – Humiliation of victims – Culpability high – Severe impact on victims – Offending in 1970s – Offender’s subsequent good character – Remorse – Sentences within range – Appeal dismissed.
---
| APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr D D Gurvich QC | Stary Norton Halphen |
| For the Respondent | Ms D I Piekusis | Mr J Cain, Solicitor for Public Prosecutions |
MAXWELL P
CAVANOUGH AJA:
The appellant[1] pleaded guilty in the County Court to a series of sex offences, which he committed against six different children, and was sentenced on 3 March 2016[2] as follows:
[1]Born 20 April 1945.
[2]DPP v Morris [2016] VCC 409 (‘Reasons’).
| Charge | Offence | Maximum | Sentence | Cumulation |
| 1 | Indecent assault of a person under the age of 16[3] | 5y | 2y 3m | 12m |
| 2 | “ | “ | 1y | 4m |
| 3 | “ | “ | 2y 3m | 14m |
| 4 | “ | “ | 1y 3m | 6m |
| 5 | “ | “ | 1y 3m | 6m |
| 6 | “ | “ | 2y 6m | Base |
| Total Effective Sentence: | 6y | |||
| Non-Parole Period: | 4y | |||
| 6AAA Statement: | 8y with a non-parole period of 6y | |||
| Other orders | Sentenced as a serious sexual offender pursuant to s 6F Sentencing Act 1991 on charges 3 to 6. Life reporting pursuant to Sex Offenders Registration Act 2004. Forensic sample order made as per s 464ZF Crimes Act 1958. | |||
[3]Crimes Act 1958 s 68(3A) (now repealed).
He now appeals by leave against sentence on the ground that the individual sentences, orders for cumulation, total effective sentence and non-parole period are each manifestly excessive. For reasons which follow, we would dismiss the appeal.
Factual background
The appellant was a primary school teacher. The offending occurred in the period 1971 to 1977. All of the victims were pupils at schools where he was teaching. The appellant was aged between 25 and 32 in this period. The following descriptions of the offending and of its impacts on the victims are largely based on the agreed prosecution opening and on the unchallenged factual observations of the sentencing judge.
Victim A
Charge 1 related to offending against Victim A.[4] It was a representative charge of five occasions occurring between 1971 and 1973. The appellant was A’s homeroom teacher for two of those years. A was between six and nine years of age. Three occasions were outlined in the Prosecution Opening.
[4]To ensure that there is no possibility of identification, this judgment has been anonymised by the…
Continue reading Morris v The Queen
Sign in free to access the full text
- AGLC
- Morris v The Queen [2016] VSCA 331
- Case
- [2016] VSCA 331
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court needed to address was whether the sentences imposed were manifestly excessive. The court examined various factors, including the severity of the offences, the abuse of power by Morris, the high culpability involved, and the profound impact on the victims. Additionally, the court considered the appellant's subsequent good character, his expressions of remorse, and the fact that the offences occurred several decades ago. The court also acknowledged the representative charges and the need for sentences to reflect the seriousness of the crimes committed against vulnerable victims.
The court held that, upon reviewing the totality of the circumstances, the sentences imposed were within the appropriate range for the crimes committed. The court found that the sentences adequately reflected the gravity of the offences, the appellant's culpability, and the severe impact on the victims. While noting the appellant's good character and remorse, the court emphasised the importance of maintaining appropriate deterrent and rehabilitative measures for such serious offences. Consequently, the appeal was dismissed, and the original sentences were upheld.
The final orders of the court confirmed that the appellant's appeal against his sentence was dismissed. The total effective sentence of six years, with a non-parole period of four years, was affirmed as appropriate and not manifestly excessive. The court's decision underscored the necessity of imposing sentences that reflect the seriousness of indecent assault offences against children and the need to protect the vulnerable.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.