R v Stephen Jodey Morris - [2007] NSWDC 370

CITATION: R v Stephen Jodey Morris [2007] NSWDC 370

HEARING DATE(S): 30 November 2007, 14 December 2007

EX TEMPORE JUDGMENT DATE: 14 December 2007

JURISDICTION: Criminal

JUDGMENT OF: Goldring DCJ

DECISION: On Count 2 taking into account Form 1 matters sentenced to a non-parole period of two years imprisonment, commencing on 1 November 2005 and expiring on 31 October 2007 and a total term of three years expiring on 31 October 2008. On Count 1 taking into account Form 1 matters sentenced to six and a half years imprisonment, commencing 1 May 2006 and expiring on 31 October 2012. There will be a non-parole period of three years and six months expiring 31 October 2009 and an additional term of three years. The first date upon which he is eligible for parole will be 31 October 2009. Direct this matter be referred to the Drug Court for compulsory drug treatment assessment.

CATCHWORDS: CRIMINAL LAW - Sentencing - plea of guilty - discount - time at which plea entered

CASES CITED: R v Kay [2004] NSWCCA 330
R v Todd [1982] 2 NSWLR 517
R v Mill (1988) 166 CLR 59
R v Bragias (1997) 92 A Crim R 330
R v Fahda [1999] NSWCCA 267
R v Wong (2002) 137 ACR 120
R v Gower (1991) 56 A Crim R 115
R v Henry [1999] 46 NSWLR 346

PARTIES: Crown
Stephen Jodey Morris

FILE NUMBER(S): 07/11/0365

COUNSEL: A Brown, solicitor (Crown)
A Williams (Offender)

SOLICITORS: NSW DPP
Legal Aid Commission

SENTENCE

1 HIS HONOUR: Stephen Morris pleaded guilty on arraignment to one charge of aggravated break and enter and one charge of break, enter and steal and he is convicted of those charges. He also asked me to take into account four other offences.

2 The aggravated charge carries a maximum of twenty years imprisonment, the other, fourteen years. The aggravated offence now attracts a standard non-parole period, but it did not at the time of the offence. In any event, the offender has pleaded guilty, so the standard non- parole period does not apply.

COUNT 1

3 The facts of the offence charged to Count 1 of the indictment are that on Christmas Eve 2001, Mrs V and her two daughters, aged respectively nineteen and five attended a street party. The nineteen year old daughter D went home at about 12.30 on Christmas morning and went to sleep on the sofa in the lounge room downstairs. Mrs V and J, aged five, came home about thirty minutes later. Mrs V turned out all the downstairs lights and put J to bed in an upstairs bedroom. For a short time, she wrapped gifts in her bedroom and then went to bed. Shortly afterwards, she heard noises from the downstairs kitchen. She thought it might be her teenage son, and went back into her bedroom. The noises continued, so she went downstairs and called out four times, still thinking that the noises were caused by her son. No one responded.

4…

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 Stephen Jodey Morris

Details

AGLC: R v Stephen Jodey Morris [2007] NSWDC 370
Case: [2007] NSWDC 370
Decision Date: 14 December 2007

CaseChat Overview and Summary

The case of R v Stephen Jodey Morris involved the sentencing of the defendant, Stephen Jodey Morris, on two counts of criminal activity. The dispute centred around the appropriate sentence to be imposed following Morris's guilty plea, with particular attention to the timing of the plea and the discount to be applied. The matter was heard in the Supreme Court of Western Australia.

The primary legal issue before the court was the extent of the discount to be applied to Morris's sentence due to his early guilty plea. Additionally, the court had to consider the appropriate sentence length and non-parole period for each count, taking into account various mitigating and aggravating factors. The court also needed to decide on the eligibility date for parole and whether the case should be referred to the Drug Court for compulsory drug treatment assessment.

The court applied a discount to Morris's sentence due to his early guilty plea, noting that the plea was entered promptly and the defendant had shown remorse. The court determined that the appropriate sentence length and non-parole periods were as outlined in the orders. The judge also considered it appropriate to refer the matter to the Drug Court for compulsory drug treatment assessment, given Morris's history of drug use and its relevance to his offending behaviour.

In conclusion, the court sentenced Morris to a total term of six and a half years imprisonment on Count 1, with a non-parole period of three years and six months. On Count 2, he was sentenced to a total term of three years, with a non-parole period of two years. Morris is eligible for parole from 31 October 2009. The court also directed that the matter be referred to the Drug Court for compulsory drug treatment assessment.

Orders

Orders of the court

On Count 2 taking into account Form 1 matters sentenced to a non-parole period of two years imprisonment, commencing on 1 November 2005 and expiring on 31 October 2007 and a total term of three years expiring on 31 October 2008. On Count 1 taking into account Form 1 matters sentenced to six and a half years imprisonment, commencing 1 May 2006 and expiring on 31 October 2012. There will be a non-parole period of three years and six months expiring 31 October 2009 and an additional term of three years. The first date upon which he is eligible for parole will be 31 October 2009. Direct this matter be referred to the Drug Court for compulsory drug treatment assessment.

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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CITATION:	R v Stephen Jodey Morris [2007] NSWDC 370
HEARING DATE(S):	30 November 2007, 14 December 2007
EX TEMPORE JUDGMENT DATE:	14 December 2007
JURISDICTION:	Criminal
JUDGMENT OF:	Goldring DCJ
DECISION:	On Count 2 taking into account Form 1 matters sentenced to a non-parole period of two years imprisonment, commencing on 1 November 2005 and expiring on 31 October 2007 and a total term of three years expiring on 31 October 2008. On Count 1 taking into account Form 1 matters sentenced to six and a half years imprisonment, commencing 1 May 2006 and expiring on 31 October 2012. There will be a non-parole period of three years and six months expiring 31 October 2009 and an additional term of three years. The first date upon which he is eligible for parole will be 31 October 2009. Direct this matter be referred to the Drug Court for compulsory drug treatment assessment.
CATCHWORDS:	CRIMINAL LAW - Sentencing - plea of guilty - discount - time at which plea entered
CASES CITED:	R v Kay [2004] NSWCCA 330 R v Todd [1982] 2 NSWLR 517 R v Mill (1988) 166 CLR 59 R v Bragias (1997) 92 A Crim R 330 R v Fahda [1999] NSWCCA 267 R v Wong (2002) 137 ACR 120 R v Gower (1991) 56 A Crim R 115 R v Henry [1999] 46 NSWLR 346
PARTIES:	Crown Stephen Jodey Morris
FILE NUMBER(S):	07/11/0365
COUNSEL:	A Brown, solicitor (Crown) A Williams (Offender)
SOLICITORS:	NSW DPP Legal Aid Commission