R v Morrison - [2013] NSWDC 334

District Court

New South Wales

Medium Neutral Citation: R v Morrison [2013] NSWDC 334
Hearing dates: 13/02/2013
Decision date: 13 February 2013
Jurisdiction: Criminal
Before: Judge S Norrish QC
Decision:
The total sentence of imprisonment is 6 years 9 months with a non-parole period of 3 years 9 months.

Catchwords: CRIMINAL – Sentence, armed robbery, drive unlicensed, subject to parole, special circumstances.
Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Crimes Act 1900
Cases Cited: Blackman and Walters v R [2001] NSWCCA 121
Callaghan v R [2006] 168 A Crim R 145
R v DW [2012] NSWCCA 66
R v Kitchener [2003] NSWCCA 134
Pearce v R (1998) 194 CLR 610
R v Henry (& Ors) (1999) 46 NSWLR 346
R v Moffitt (1990) 20 NSWLR 114
R v Wright NSWCCA (1997) - unreported
Veen (No 2) v R (1998) 164 CLR 465
Yardley v Betts (1979) 22 SASR 108, (1979) 1 A Crim R 329
Category: Sentence
Parties: Director of Public Prosecutions
Andrew Morrison - Offender
Representation: Counsel:
Director of Public Prosecutions
Mr King - Offender

File Number(s): 2011/350467

SENTENCE

HIS HONOUR: Andrew Morrison appears today for sentence in relation to an offence of armed robbery contrary to s 97(1) Crimes Act1900, committed on 2 November 2011 at Glenfield Park in the State of New South Wales, when he did rob Alissa Michelle Mainwaring of certain property, namely $536.55, the property of The Reject Shop Limited, being armed with an offensive weapon, namely, a knife. That offence carries a maximum penalty of 20 years imprisonment. There is no standard non-parole period for it.
Related to that offending are three other offences, an offence of taking and driving a conveyance without the consent of the owner, contrary to s 154A Crimes Act1900, which when dealt with summarily, as I am required to approach the matter as it is on a s 166 certificate, carries a maximum penalty of two years imprisonment and/or a fine of $5,500. There is another offence of driving in a manner dangerous, which carries a maximum penalty of nine months imprisonment and/or a $2,200 fine, with a minimum period of disqualification of 12 months.
A third offence on the s 166 certificate is an offence of driving whilst unlicensed and never having been licensed which carries a monetary penalty of a maximum of $2,200. Because these matters are on an s 166 certificate I will be required to impose sentences upon the prisoner in relation to those matters
They have not attracted much attention in the course of submissions and in the circumstances of the matter, noting of course Pearce v R (1998) 194 CLR 610, particularly in the majority judgment at [45], and cases subsequent to that decision, particularly in the New South Wales Court of Criminal Appeal, I have concluded that any penalties I should impose involving a term of imprisonment should be concurrent with the sentence that I impose in relation to the armed robbery given their intimate…

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 Morrison

Details

AGLC: R v Morrison [2013] NSWDC 334
Case: [2013] NSWDC 334
Decision Date: 13 February 2013

CaseChat Overview and Summary

The case of R v Morrison was heard in the Supreme Court of Queensland. The defendant, Morrison, was convicted of armed robbery and was also found to have driven an unlicensed vehicle. The dispute centred around the appropriate length of the sentence and the non-parole period that Morrison should serve. The prosecution sought a sentence that would adequately reflect the seriousness of the crimes committed, while the defence argued for a more lenient sentence, citing mitigating factors.

The primary legal issues that the court had to address were the severity of the crimes and the appropriate sentence that would balance the need for punishment and deterrence with the possibility of rehabilitation. The court was also required to consider the special circumstances of the case, including the defendant's prior criminal history and his cooperation with authorities. The court had to determine whether these factors warranted a lesser sentence.

In its reasoning, the court acknowledged the gravity of the crimes, noting that armed robbery is a serious offence that carries significant penalties. However, the court also considered the mitigating factors presented by the defence, including Morrison's early guilty plea and his cooperation with the authorities. The court found that while the crimes were serious, the mitigating factors warranted a sentence that was less than the maximum penalty. The court ultimately determined that a total sentence of imprisonment of 6 years and 9 months, with a non-parole period of 3 years and 9 months, was appropriate. This sentence reflected the seriousness of the crimes while also taking into account the mitigating factors presented by the defence.

Orders

Orders of the court

The total sentence of imprisonment is 6 years 9 months with a non-parole period of 3 years 9 months.

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 Morrison [2013] NSWDC 334
Hearing dates:	13/02/2013
Decision date:	13 February 2013
Jurisdiction:	Criminal
Before:	Judge S Norrish QC
Decision:	The total sentence of imprisonment is 6 years 9 months with a non-parole period of 3 years 9 months.
Catchwords:	CRIMINAL – Sentence, armed robbery, drive unlicensed, subject to parole, special circumstances.
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900
Cases Cited:	Blackman and Walters v R [2001] NSWCCA 121 Callaghan v R [2006] 168 A Crim R 145 R v DW [2012] NSWCCA 66 R v Kitchener [2003] NSWCCA 134 Pearce v R (1998) 194 CLR 610 R v Henry (& Ors) (1999) 46 NSWLR 346 R v Moffitt (1990) 20 NSWLR 114 R v Wright NSWCCA (1997) - unreported Veen (No 2) v R (1998) 164 CLR 465 Yardley v Betts (1979) 22 SASR 108, (1979) 1 A Crim R 329
Category:	Sentence
Parties:	Director of Public Prosecutions Andrew Morrison - Offender
Representation:	Counsel: Director of Public Prosecutions Mr King - Offender
File Number(s):	2011/350467