R v Morris - [2025] NSWDC 430

District Court

New South Wales

Medium Neutral Citation: R v Morris [2025] NSWDC 430
Hearing dates: 24 October 2025
Date of orders: 24 October 2025
Decision date: 24 October 2025
Jurisdiction: Criminal
Before: Newlinds SC DCJ
Decision:
(1) In relation to Count 1, after taking into account the 5% discount for the plea of guilty, the Offender is sentenced to a term of imprisonment of 6 years and 6 months commencing on 9 May 2025 and expiring 8 November 2031.
(2) There will be a minimum non-parole period of 3 years and 6 months, expiring 8 November 2028, which is the first day the Offender will become eligible for parole.

Catchwords:
CRIME — Break and enter with intent to commit serious indictable offence — Violent offence — Intimidation — Circumstances of aggravation — In company
SENTENCING — Relevant factors on sentence — Deprived upbringing engaging Bugmy principle — Mental health — Drug and alcohol addiction — Extensive criminal record including similar offences — General deterrence — Need for deterrence of “vigilante justice” — Special circumstances found —Non-parole period lower than standard

Legislation Cited:
Crimes Act 1900 (NSW) s 112(2)
Crimes (Sentencing Procedure) Act 1999 (NSW) s 3A; s 25D(2)(a)

Cases Cited:
Weininger v The Queen (2003) 212 CLR 629
Bugmy v The Queen (2013) 249 CLR 571
R v Henry (1999) 46 NSWLR 346

Category: Sentence
Parties: Rex (Crown)
Rex Morris (Offender)
Representation:
Counsel:
L Nichols (Solicitor) (Crown)
J Peluso (Offender)
Solicitors:
ODPP (Crown)
Richard Cummins Solicitor (Offender)

File Number(s): 2022/67348
Publication restriction: Nil

JUDGMENT; ex tempore

Overview

The facts

The Offender and an unknown Co-offender broke into the victim’s house in the early hours of the morning on 3 March 2022. The victim opened the door and was confronted by the Offender and the Co-offender. The victim then quickly closed and locked the door and placed a weighted barbell at the door and called Triple 0. The Offender and the Co-offender then proceeded to attempt to force open the door for a couple minutes until the lock mechanism broke.
The Offender and Co-offender were armed with a knife, a metal pole and a wooden hockey stick.
Whilst at the front door, the Offender swung the knife at the victim but did not contact him.
There was then an altercation between the victim, Offender, and Co-offender inside the premises which lasted 7-8 minutes before the Offender and Co-offender ran away. As a result of the fight, the victim’s telescope valued at $600 was broken. The facts are agreed by the parties in some detail, and I will not reiterate them, suffice to say, there is no doubt that the victim was intimidated to the extent that he would have been terrified.

The charges

The Offender was arrested, charged, and on 15 December 2022, was committed for trial from Downing Centre Local Court in respect to one charge of Aggravated break and enter and commit serious indictable offence (intimidation) whilst in company as proscribed by s 112(2) Crimes Act 1900 (NSW).…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Morris

Details

AGLC: R v Morris [2025] NSWDC 430
Case: [2025] NSWDC 430
Decision Date: 24 October 2025

CaseChat Overview and Summary

In the case of R v Morris, the defendant faced charges related to breaking and entering with intent to commit a serious indictable offence. The incident involved violent behaviour and intimidation, and the circumstances were considered to be of aggravation due to the defendant's actions being carried out in the company of others. The matter was heard and determined by the relevant court.

The legal issues that the court had to resolve included whether the defendant's deprived upbringing should be taken into account in accordance with the principles set out in Bugmy, whether his mental health issues, drug and alcohol addiction, and extensive criminal history, including similar offences, were relevant mitigating factors, and whether general deterrence and the need to deter "vigilante justice" were applicable considerations. Additionally, the court needed to determine if there were special circumstances that warranted a variation from the standard sentencing guidelines.

The court found that the special circumstances did warrant a departure from the standard sentencing approach. It considered the defendant's deprived upbringing, mental health, drug and alcohol addiction, and extensive criminal record as mitigating factors. The court also recognised the need for general deterrence and the need to deter "vigilante justice" as relevant considerations. As a result, the court imposed a sentence that included a term of imprisonment with a non-parole period lower than the standard, reflecting the mitigating factors and special circumstances found.

The court ordered that the defendant be sentenced to a term of imprisonment of 6 years and 6 months for the offence, with a 5% discount applied for the plea of guilty, making the term commence on 9 May 2025 and expire on 8 November 2031. The court further determined that there would be a minimum non-parole period of 3 years and 6 months, expiring on 8 November 2028, which is the first day the defendant would become eligible for parole.

Orders

Orders of the court

(1) In relation to Count 1, after taking into account the 5% discount for the plea of guilty, the Offender is sentenced to a term of imprisonment of 6 years and 6 months commencing on 9 May 2025 and expiring 8 November 2031.

(2) There will be a minimum non-parole period of 3 years and 6 months, expiring 8 November 2028, which is the first day the Offender will become eligible for parole.

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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Medium Neutral Citation:	R v Morris [2025] NSWDC 430
Hearing dates:	24 October 2025
Date of orders:	24 October 2025
Decision date:	24 October 2025
Jurisdiction:	Criminal
Before:	Newlinds SC DCJ
Decision:	(1) In relation to Count 1, after taking into account the 5% discount for the plea of guilty, the Offender is sentenced to a term of imprisonment of 6 years and 6 months commencing on 9 May 2025 and expiring 8 November 2031. (2) There will be a minimum non-parole period of 3 years and 6 months, expiring 8 November 2028, which is the first day the Offender will become eligible for parole.
Catchwords:	CRIME — Break and enter with intent to commit serious indictable offence — Violent offence — Intimidation — Circumstances of aggravation — In company SENTENCING — Relevant factors on sentence — Deprived upbringing engaging Bugmy principle — Mental health — Drug and alcohol addiction — Extensive criminal record including similar offences — General deterrence — Need for deterrence of “vigilante justice” — Special circumstances found —Non-parole period lower than standard
Legislation Cited:	Crimes Act 1900 (NSW) s 112(2) Crimes (Sentencing Procedure) Act 1999 (NSW) s 3A; s 25D(2)(a)
Cases Cited:	Weininger v The Queen (2003) 212 CLR 629 Bugmy v The Queen (2013) 249 CLR 571 R v Henry (1999) 46 NSWLR 346
Category:	Sentence
Parties:	Rex (Crown) Rex Morris (Offender)
Representation:	Counsel: L Nichols (Solicitor) (Crown) J Peluso (Offender) Solicitors: ODPP (Crown) Richard Cummins Solicitor (Offender)
File Number(s):	2022/67348
Publication restriction:	Nil