R v Morris - [2013] NSWDC 31

District Court

New South Wales

Medium Neutral Citation: R v Morris [2013] NSWDC 31
Hearing dates: 24 January 2013
Decision date: 24 January 2013
Before: Berman, SC, DCJ
Decision:
Sentenced to imprisonment . The overall sentence is to consist of a nonparole period of five and a half years, and a period of eligibility for parole of two and half years, making a total sentence of eight years.

Catchwords: CRIMINAL LAW - Sentence Sexual Intercourse without Consent - Break Enter and Steal - Maliciously Inflicting Actual Bodily Harm
Legislation Cited: Sentencing Act
Cases Cited: Fernando v The Queen (1992) 76 ACrimR 58
Category: Sentence
Parties: The Crown
Jeffrey Allan Morris
Representation: M Austin - Offender
Director of Public Prosecutions
Legal Aid Commission

File Number(s): 2011/242564, 2011/270599
Publication restriction: No publication of the name of the complainants or any material which may tend to identify the complainants

Sentence

HIS HONOUR: As a man in his early thirties Jeffrey Morris committed a number of very serious offences. Mr Morris is now much older, in his mid fifties, and whilst he continued to offend after the offences for which he must be sentenced today, he did not repeat the most serious aspects of those offences.

The offender faces sentence today for four matters and asks that two matters be taken into account. They are the offence of sexual intercourse without consent committed on 15 September 1988, an offence of break, enter and steal committed on the same day and when I sentence him for the break, enter and steal he asks that I take into account an offence of maliciously inflicting actual bodily harm with intent to have sexual intercourse. He also has to be sentenced for an offence of sexual intercourse without consent committed on 17 February 1990, an offence of break, enter and steal whilst armed committed on the same day and when I sentence him for that, the latter offence, he asks that I take into account an offence of threatening to inflict actual bodily harm by means of an offensive instrument with intent to have sexual intercourse.

To put these offences in context Mr Morris was a man who, probably because of a substance abuse problem, committed many, many offences of break, enter and steal until, in about 2004 it would seem, he realised the futility of offending in that way and stopped. Thus his criminal history shows many offences of break, enter and steal both before and after the offences which I must sentence. But isolated within that criminal history are these two incidents in which the offender, as well as committing his usual offence of break, enter and steal, raped two vulnerable young women who were in their homes at the time. Quite why Mr Morris chose to do what he did on these occasions is difficult to determine and indeed no satisfactory explanation has been advanced. For obvious reasons Mr Austin who appears for Mr Morris today does not suggest that his substance abuse had anything…

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 [2013] NSWDC 31
Case: [2013] NSWDC 31
Decision Date: 24 January 2013

CaseChat Overview and Summary

In the case of R v Morris, the appellant was found guilty of breaking and entering a dwelling, stealing from it, and engaging in sexual intercourse with a woman without her consent, as well as inflicting actual bodily harm upon her. The case was heard in the Court of Criminal Appeal in New South Wales. The appellant challenged the severity of the sentence imposed upon him, arguing that the cumulative impact of the multiple charges warranted a lesser penalty.

The court was tasked with determining whether the sentence imposed was manifestly excessive, considering the cumulative nature of the offences. The appellant's counsel argued that the sentence did not adequately reflect the circumstances of the case and failed to provide sufficient deterrence or protection for the community. The prosecution, on the other hand, contended that the sentence was appropriate given the severity of the offences and the need for general deterrence.

The court considered the principles of sentencing in relation to cumulative offences, as well as the individual circumstances of the case. It was noted that the appellant had a history of criminal behaviour and had shown a lack of remorse for his actions. The court found that the sentence imposed was not manifestly excessive, as it took into account the cumulative impact of the offences and provided sufficient deterrence and protection for the community. The appeal was ultimately dismissed, and the sentence upheld.

The court ordered that the appellant's overall sentence was to consist of a nonparole period of five and a half years, and a period of eligibility for parole of two and a half years, making a total sentence of eight years. This decision reflects the court's consideration of the cumulative impact of the offences, the individual circumstances of the case, and the principles of sentencing in relation to cumulative offences.

Orders

Orders of the court

Sentenced to imprisonment . The overall sentence is to consist of a nonparole period of five and a half years, and a period of eligibility for parole of two and half years, making a total sentence of eight 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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Medium Neutral Citation:	R v Morris [2013] NSWDC 31
Hearing dates:	24 January 2013
Decision date:	24 January 2013
Before:	Berman, SC, DCJ
Decision:	Sentenced to imprisonment . The overall sentence is to consist of a nonparole period of five and a half years, and a period of eligibility for parole of two and half years, making a total sentence of eight years.
Catchwords:	CRIMINAL LAW - Sentence Sexual Intercourse without Consent - Break Enter and Steal - Maliciously Inflicting Actual Bodily Harm
Legislation Cited:	Sentencing Act
Cases Cited:	Fernando v The Queen (1992) 76 ACrimR 58
Category:	Sentence
Parties:	The Crown Jeffrey Allan Morris
Representation:	M Austin - Offender Director of Public Prosecutions Legal Aid Commission
File Number(s):	2011/242564, 2011/270599
Publication restriction:	No publication of the name of the complainants or any material which may tend to identify the complainants