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R v Morris

R v Morris

Case [2024] NSWDC 640 19 December 2024

Purposes of Sentencing

Criminal Law

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District Court

New South Wales

Medium Neutral Citation: R v Morris [2024] NSWDC 640
Hearing dates: 19 December 2024
Date of orders: 19 December 2024
Decision date: 19 December 2024
Jurisdiction: Criminal
Before: Haesler SC DCJ
Decision:
Aggregate sentence of imprisonment of 6 years with a non-parole period of 4 years

Catchwords:
CRIME — Child sex offences — Grooming child under 14 for unlawful sexual activity — Use child under 14 to make child abuse material — Contravene prohibition order
SENTENCING — Aggravating factors — Record of previous convictions
SENTENCING — Guidelines for sentencing — Role of guidelines
SENTENCING — Mitigating factors — Plea of guilty
SENTENCING — Penalties — Imprisonment
SENTENCING — Relevant factors on sentence — Deterrence — Form 1 offences — General principles — Moral culpability — Objective seriousness — Purposes of sentencing
SENTENCING — Subjective considerations on sentence — Health issues — Mental Health disorders — Paedophilic Disorder — Alcohol Use Disorder — Institutionalised childhood sexual abuse — Poverty in childhood

Legislation Cited:
Child Protection (Offenders Prohibition Orders) Act 2004 (NSW)
Children (Criminal Proceedings) Act 1987 (NSW)
Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW) 1999

Cases Cited:
Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146; [2013] NSWCCA 115
Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 57
Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357
Mill v The Queen [1988] HCA 70; (1988) 166 CLR 59
Munda v Western Australia [2013] HCA 38; (2013) 249 CLR 600
Nasrallah v R [2021] NSWCCA 207
Pearce v The Queen [1998] HCA 37; (1998) 194 CLR 610
R v Asplund [2010] NSWCCA 316
R v Geddes (1936) 36 SR (NSW) 554
R v Herring (1956) 73 WN (NSW) 203
R v Simpson [2001] NSWCCA 534; 53 NSWLR 704
R v Thompson, R v Houlten [2000] NSWCCA 309; (2000) 49 NSWLR 383
R v Windle [2012] NSWCCA 222
Ryan v The Queen [2001] HCA 21; (2001) 206 CLR 267
Suksa-Ngacharoen v R [2018] NSWCCA 142
Veen v The Queen (No 2) [1988] HCA 14; (1988) 164 CLR 465

Texts Cited:
W Wan, S Poynton and D Weatherburn, “Does Parole Supervision Reduce the Risk of Re-offending?” (2016) 49 Australian & New Zealand Journal of Criminology 497

Category: Sentence
Parties: Christopher Edward Morris (the offender)
Public Prosecutions (NSW) (Crown)
Representation:
Counsel:
A Booker (for the offender)
Solicitors:
Legal Aid (NSW) (for the offender)
A Barnes solicitor for Public Prosecutions (NSW) (Crown)

File Number(s): 2024/13455
Publication restriction: Pursuant to s 15A Children (Criminal Proceedings) Act 1987 (NSW), there is to be no publication of any information, picture or other material that identifies or is likely to lead to the identification of the child victim. Identifying information has been removed from this version of the judgment to comply with the statute.

JUDGMENT – ex tempore revised

Introduction

In December 2023 Christopher Morris was…

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 [2024] NSWDC 640
Case: [2024] NSWDC 640
Decision Date: 19 December 2024

CaseChat Overview and Summary

The case before the court was a prosecution of Morris, the appellant, for offences involving the grooming of a child under the age of 14 for unlawful sexual activity and the use of the child to make child abuse material. This occurred while Morris was subject to a prohibition order. The case was heard in the Supreme Court of Victoria.

The legal issues the court had to determine included the application of sentencing guidelines, the consideration of aggravating and mitigating factors, and the objective seriousness of the offences. The court also had to consider the role of the sentencing guidelines in determining the appropriate penalty and the relevance of Morris's health issues and previous convictions to the sentence.

The court found Morris guilty and imposed a sentence of imprisonment. It considered the guidelines for sentencing, noting the aggravating factor of Morris's previous convictions but also taking into account the mitigating factor of Morris's plea of guilty. The court examined the objective seriousness of the offences, Morris's moral culpability, and the purposes of sentencing, including deterrence and denunciation. The court also considered Morris's health issues, including a diagnosis of paedophilic disorder, alcohol use disorder, and the impact of Morris's institutionalised childhood sexual abuse and poverty. The court determined an aggregate sentence of imprisonment of 6 years with a non-parole period of 4 years.

Orders

Orders of the court

Aggregate sentence of imprisonment of 6 years with a non-parole period of 4 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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Actions

Citations

R v Morris [2024] NSWDC 640

Cases Citing This Decision

No citing cases yet.

Cases Cited

Nasrallah v R [2021] NSWCCA 207
Citation 1 (Para 49)

…rivation: Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 57. And also, childhood trauma, such as being the victim of a sexual assault: Nasrallah v R [2021] NSWCCA 207. I note that that matter was, on the material before me, reported to police.…
Suksa-Ngacharoen v R [2018] NSWCCA 142
Citation 2 (Para 19)

…designed to prevent, but it undermined the authority of the courts and the protection of children inherent in the court orders: Suksa-Ngacharoen v R [2018] NSWCCA 142 at [132]; Pearce v The Queen [1998] HCA 37; (1998) 194 CLR 610.…
Munda v Western Australia [2013] HCA 38
Citation 3 (Para 4)

…Protection from the vulnerable against repetition of offending: Munda v Western Australia [2013] HCA 38; (2013) 249 CLR 600 at [52]-[58].…
Bugmy v The Queen [2013] HCA 37
Citation 4 (Para 49)

…There are relevant paths here to reduce his moral culpability, including the effects of childhood deprivation: Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 57. And also, childhood trauma, such as being the victim of a sexual assault: Nasrallah v R [2021] NSWCCA 207. I note that that matter was, on the materia…
Abbas, Bodiotis, Taleb and Amoun v R [2013] NSWCCA 115
Citation 5 (Para 16)

…r the crime for sentence: Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146; [2013] NSWCCA 115 at [39]-[42].…
R v Windle [2012] NSWCCA 222
Citation 6 (Para 61)

…pon them if they commit similar crimes: R v Herring (1956) 73 WN (NSW) 203 at [205]; Ryan v The Queen [2001] HCA 21; (2001) 206 CLR 267; R v Windle [2012] NSWCCA 222.…
R v Asplund [2010] NSWCCA 316
Citation 7 (Para 22)

…d give in to the offender’s unhealthy demands and suggestions. The crimes must have put the child’s psychosocial development at risk: R v Asplund [2010] NSWCCA 316 at [48].…
Markarian v The Queen [2005] HCA 25
Citation 8 (Para 18)

…res some assessment of the objective seriousness of each offence. They set some of the parameters for the appropriate sentence: Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 at [51] (McHugh J).…
Re Attorney-General's Application (No 1 of 2002) (NSW) [2002] NSWCCA 518
Citation 9 (Para 16)

…ce and retribution for the crime for sentence: Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146; [2013] NSWCCA 115 at [39]-[42].…
R v Simpson [2001] NSWCCA 534
Citation 10 (Para 56)

…aid, the minimum period in custody should properly reflect the gravity of the offences he committed and the other purposes of sentencing: R v Simpson [2001] NSWCCA 534; 53 NSWLR 704 at [59].…
Ryan v The Queen [2001] HCA 21
Citation 11 (Para 61)

…d others know the retribution that will fall upon them if they commit similar crimes: R v Herring (1956) 73 WN (NSW) 203 at [205]; Ryan v The Queen [2001] HCA 21; (2001) 206 CLR 267; R v Windle [2012] NSWCCA 222.…
Morawski v State Rail Authority [2000] NSWCCA 309
Citation 12 (Para 15)

…to note that the guilty pleas meant that the child was not re-traumatised by coming to court and repeating what occurred: R v Thompson, R v Houlten [2000] NSWCCA 309; (2000) 49 NSWLR 383 at [3].…
R v Thomson; R v Houlton [2000] NSWCCA 383
Citation 13 (Para 15)

…ilty pleas meant that the child was not re-traumatised by coming to court and repeating what occurred: R v Thompson, R v Houlten [2000] NSWCCA 309; (2000) 49 NSWLR 383 at [3].…
Regina v Simpson [1999] NSWCCA 367
Citation 14 (Para 56)

…riod in custody should properly reflect the gravity of the offences he committed and the other purposes of sentencing: R v Simpson [2001] NSWCCA 534; 53 NSWLR 704 at [59].…
Pearce v The Queen [1998] HCA 57
Citation 15 (Para 19)

…ourts and the protection of children inherent in the court orders: Suksa-Ngacharoen v R [2018] NSWCCA 142 at [132]; Pearce v The Queen [1998] HCA 37; (1998) 194 CLR 610.…
Chakravarti v Advertiser Newspapers Ltd [1998] HCA 37
Citation 16 (Para 19)

…hority of the courts and the protection of children inherent in the court orders: Suksa-Ngacharoen v R [2018] NSWCCA 142 at [132]; Pearce v The Queen [1998] HCA 37; (1998) 194 CLR 610.…
Mill v The Queen [1988] HCA 70
Citation 17 (Para 53)

…ncluding in relation to the Local Court matter, such that an overall sentence is just and appropriate to the totality of his crimes: Mill v The Queen [1988] HCA 70; (1988) 166 CLR 59 at [62]-[63].…
Veen v The Queen (No 2) [1988] HCA 14
Citation 18 (Para 33)

…matter of some relevance. It requires I consider community protection issues and issues in relation to specific deterrence: Veen v The Queen (No 2) [1988] HCA 14; (1988) 164 CLR 465 at [477].…

Legislation Cited

Crimes Act 1900 (ACT) 66EB, 91H(2)
3 mentions (from Para 1)
Child Protection (Offenders Prohibition Orders) Act 2004 (NSW) 13(1)
2 mentions (from Para 2)
Children (Criminal Proceedings) Act 1987 (NSW)
1 mention
Crimes (Sentencing Procedure) Act 1999 (NSW)
1 mention (from Para 2)

Medium Neutral Citation:	R v Morris [2024] NSWDC 640
Hearing dates:	19 December 2024
Date of orders:	19 December 2024
Decision date:	19 December 2024
Jurisdiction:	Criminal
Before:	Haesler SC DCJ
Decision:	Aggregate sentence of imprisonment of 6 years with a non-parole period of 4 years
Catchwords:	CRIME — Child sex offences — Grooming child under 14 for unlawful sexual activity — Use child under 14 to make child abuse material — Contravene prohibition order SENTENCING — Aggravating factors — Record of previous convictions SENTENCING — Guidelines for sentencing — Role of guidelines SENTENCING — Mitigating factors — Plea of guilty SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — Deterrence — Form 1 offences — General principles — Moral culpability — Objective seriousness — Purposes of sentencing SENTENCING — Subjective considerations on sentence — Health issues — Mental Health disorders — Paedophilic Disorder — Alcohol Use Disorder — Institutionalised childhood sexual abuse — Poverty in childhood
Legislation Cited:	Child Protection (Offenders Prohibition Orders) Act 2004 (NSW) Children (Criminal Proceedings) Act 1987 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) 1999
Cases Cited:	Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146; [2013] NSWCCA 115 Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 57 Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 Mill v The Queen [1988] HCA 70; (1988) 166 CLR 59 Munda v Western Australia [2013] HCA 38; (2013) 249 CLR 600 Nasrallah v R [2021] NSWCCA 207 Pearce v The Queen [1998] HCA 37; (1998) 194 CLR 610 R v Asplund [2010] NSWCCA 316 R v Geddes (1936) 36 SR (NSW) 554 R v Herring (1956) 73 WN (NSW) 203 R v Simpson [2001] NSWCCA 534; 53 NSWLR 704 R v Thompson, R v Houlten [2000] NSWCCA 309; (2000) 49 NSWLR 383 R v Windle [2012] NSWCCA 222 Ryan v The Queen [2001] HCA 21; (2001) 206 CLR 267 Suksa-Ngacharoen v R [2018] NSWCCA 142 Veen v The Queen (No 2) [1988] HCA 14; (1988) 164 CLR 465
Texts Cited:	W Wan, S Poynton and D Weatherburn, “Does Parole Supervision Reduce the Risk of Re-offending?” (2016) 49 Australian & New Zealand Journal of Criminology 497
Category:	Sentence
Parties:	Christopher Edward Morris (the offender) Public Prosecutions (NSW) (Crown)
Representation:	Counsel: A Booker (for the offender) Solicitors: Legal Aid (NSW) (for the offender) A Barnes solicitor for Public Prosecutions (NSW) (Crown)
File Number(s):	2024/13455
Publication restriction:	Pursuant to s 15A Children (Criminal Proceedings) Act 1987 (NSW), there is to be no publication of any information, picture or other material that identifies or is likely to lead to the identification of the child victim. Identifying information has been removed from this version of the judgment to comply with the statute.