R v Morris [2006] NSWDC 68

R v Morris [2006] NSWDC 68

Given the premeditated, unprovoked and violent nature of the attack with a weapon, the offender's criminal history, and breach of both parole and bail, the offender was sentenced to the maximum penalty of seven years' imprisonment with a non-parole period of four years, six months, and a parole period of two years, six months, commencing 28 January 2006.

Parties
Crown: Regina; Offender: Mark Anthony Morris
Jurisdiction
Australia
Judgment Date
10 August 2006
Procedural Posture
Criminal / Sentencing After Trial
Outcome
Offender sentenced to imprisonment for a total period of 7 years with a non-parole period of 4 years, 6 months to commence on 28/1/06 and to expire on 27/7/10, and a parole period of 2 years, 6 months to commence on 28/7/10 and to expire on 27/1/13 with supervision by the NSW Probation and Parole Service whilst on...
Legal Topics
Malicious Wounding, Sentencing, Aggravating and Mitigating Factors
Criminal Law Malicious Wounding Sentencing Aggravating and Mitigating Factors

Case Brief

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Parties

Regina

Crown

Mark Anthony Morris

Offender

Procedural Posture

Criminal / Sentencing After Trial

Legal Issues

  1. 1 What is the appropriate sentence for the offence of malicious wounding committed by Mark Anthony Morris?
  2. 2 What aggravating and mitigating circumstances are present in the offender's case?

Ratio Decidendi

Given the premeditated, unprovoked and violent nature of the attack with a weapon, the offender's criminal history, and breach of both parole and bail, the offender was sentenced to the maximum penalty of seven years' imprisonment with a non-parole period of four years, six months, and a parole period of two years, six months, commencing 28 January 2006.

Court Disposition

Offender sentenced to imprisonment for a total period of 7 years with a non-parole period of 4 years, 6 months to commence on 28/1/06 and to expire on 27/7/10, and a parole period of 2 years, 6 months to commence on 28/7/10 and to expire on 27/1/13 with supervision by the NSW Probation and Parole Service whilst on...

Orders

  • Convicted of malicious wounding
  • Sentenced to imprisonment for 7 years