R v Scott Robert Morrison

[2014] NSWDC 155

District Court

New South Wales

Medium Neutral Citation:	R v Scott Robert Morrison [2014] NSWDC 155
Hearing dates:	Trial: 22 May 2014 - 30 May 2014 Sentence Hearing: 15 August 2014
Decision date:	12 September 2014
Before:	Mahony SC DCJ
Decision:	Concurrent terms of imprisonment. For Orders see [63]
Catchwords:	Reckless wounding; assault occasioning actual bodily harm
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Crimes (Administration of Sentences) Act 1999
Cases Cited:	Blanco v R (1999) 106 A Crim R 303 DPP (Cth) v De La Rosa [2010] NSWCCA 194 Elmasri v R [2005] NSWCCA 167 Pearce v R (1998) 194 CLR 610 R v Todd (1982) 2 NSWLR 517 Silvano v R (2008) 184 A Crim R 593 Veen v R (No. 2) (1998) 164 CLR 465
Category:	Sentence
Parties:	Director of Public Prosecution (Crown) Scott Robert Morrison (Offender)
Representation:	D Daleo (Crown) B Robinson (Offender)
File Number(s):	11/61616
Publication restriction:	Nil

SENTENCE

1. On 30 May 2014 the jury delivered verdicts of not guilty on the first three counts in the Indictment. The jury delivered a verdict of guilty on the 4th count on the Indictment which was an alternative count to count 3, namely:

"On 23 February 2011 at St Marys in the State of New South Wales recklessly wounded Christina Ioannou."

Section 35(4) of the Crimes Act 1900.

1. The offender had previously entered a plea of guilty to count 5 on the Indictment which was as follows:

"On 23 February 2011 at St Marys in the State of New South Wales, assaulted Danielle Oliver, thereby occasioning to her actual bodily harm."

Section 59(1) Crimes Act 1900.

1. In respect of count 4 on the Indictment, the maximum penalty prescribed by s 35(4) of the Crimes Act 1900 is 7 years imprisonment. There is a standard non-parole period of 3 years.

1. In respect of count 5, the maximum penalty prescribed by s 59(1) of the Crimes Act 1900 is imprisonment of 5 years.

1. The accused has been in custody since the verdicts were returned and that time in custody will be taken into account on sentence.

Circumstances of the Offending

1. Based on the evidence at trial, I make the following findings of fact. The evidence comprised the Crown case against the offender and also the evidence of the offender.

1. On 23 February 2011 the offender had been drinking since approximately 1pm. He later attended the Penrith Hotel where he consumed two alcoholic drinks and played the poker machines. He was observed after 10pm by the licensee of the Penrith Hotel to be fairly quiet, and there was nothing to indicate that he was intoxicated. He caused no trouble at the hotel and won $700 on the poker machines.

1. The offender travelled by taxi to St Marys where he attended the Stairway to Heaven Brothel. He conceded that he had consumed up to 20 alcoholic drinks "at the most" and gave evidence that he felt pretty intoxicated. At the reception area he was introduced to Danielle Oliver…