R v Morris - [2009] NSWDC 223

CITATION: R v Morris [2009] NSWDC 223

HEARING DATE(S): 4 May 2009.
Sentence Date 7 May 2009.
Reasons delivered 31 August 2009.

JUDGMENT DATE:
31 August 2009

JURISDICTION: Crime

JUDGMENT OF: Phegan DCJ

LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999

CASES CITED: Pearce v The Queen (1998) 194 CLR 610
R v Outami [2001] 127 ACrimR 369
R v Stambolis [2006] NSWCCA 310

PARTIES: The Crown
Matthew James MORRIS

FILE NUMBER(S): 2006/00010588

1 The offender, Matthew James Morris, was tried on indictment before a jury in Port Macquarie District Court. The original indictment contained eight counts. The first count contained a charge of common assault on Tyron Windsor, the son of Lydia Murphy, on 27 July 2006. The second, third, fourth and fifth counts contained charges of sexual intercourse without consent with Lydia Murphy on 29 July 2006. The sixth count contained the charge of assaulting Lydia Murphy, occasioning actual bodily harm, also on 29 July 2006. The seventh count contained a further charge of sexual intercourse without consent with the same victim on 30 July 2006. The eighth count charged that the offender detained Lydia Murphy for advantage between 28 and 31 July 2006 and occasioned her actual bodily harm.

2 The offender pleaded guilty on arraignment to the sixth count of assault occasioning actual bodily harm and not guilty on the remaining seven counts.

3 The trial on the remaining seven counts commenced on 1 February 2008 and on 13 February 2008, the jury returned verdicts of not guilty on the first count and guilty on counts two to seven (that is two to five, seven and eight on the original indictment). It is the counts two to seven which are now before me for sentence.

Background

4 At the time of the offences, the victim was living in community housing at Port Macquarie with her son Tyrone who was approaching his first birthday. She had separated from the biological father of Tyrone who had custody of their older sons, Jordan (four) and Toby (three).

5 According to the victim, following her separation from her former partner, she had started a relationship with the offender in April 2006. At first, they lived in the community housing rented by the victim and, after an intervening period of about two months in the offender’s mother’s house, returned to the community housing where they were at the time of the offences.

Findings of fact

6 Given the jury’s verdict of guilty on six counts, I am entitled to assume that the jury found beyond reasonable doubt those facts essential to a verdict of guilty on each count. Beyond those facts, I have adopted as fact only those parts of the evidence at the trial relevant to sentence, on which I am satisfied beyond reasonable doubt, together with evidence tendered in proceedings on sentence.

7 With regard to the charge of assault occasioning actual bodily harm, to which the offender pleaded guilty, there are no agreed facts in writing,…

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 [2009] NSWDC 223
Case: [2009] NSWDC 223
Decision Date: 31 August 2009

CaseChat Overview and Summary

The case of R v Morris involved the offender, Matthew James Morris, who was tried on indictment before a jury in Port Macquarie District Court on eight counts, including charges of assault, sexual intercourse without consent, and detention for advantage. Morris pleaded guilty to one count of assault occasioning actual bodily harm, while the jury found him guilty on six counts of sexual assault and detention for advantage. The court had to determine the appropriate sentences for each count while considering the principles of totality and special circumstances.

The court assessed the objective seriousness of each offence and determined that the sexual assaults varied in severity, with some falling below the mid-range and others being mid-range. The court also considered the subjective factors, such as the offender's background, drug use, and criminal history. Morris's history of drug abuse, anger management issues, and violence-related offences were taken into account.

In delivering the sentences, the court applied the principle of totality and determined the appropriate sentences for each offence, taking into consideration the guilty plea for the offence of assault occasioning actual bodily harm. The sentences for the sexual assaults and detention for advantage were ordered to be served concurrently, with certain periods to be served independently to reflect the separate nature of the offences. Special circumstances were found, and the offender was to be subject to the supervision of the Probation and Parole Service upon release, with a focus on psychiatric treatment, anger/paranoia management, and drug and alcohol relapse prevention.

The final sentences imposed were as follows: Morris was convicted on all counts and received sentences ranging from 1 year 6 months to 9 years 6 months imprisonment, with non-parole periods ranging from 3 years to 6 years. Special circumstances were found for all counts, and Morris was to be subject to supervision and treatment upon release.

Orders