R v Morrison [2019] NSWDC 928

R v Morrison [2019] NSWDC 928

The appropriate sentence for the offences was determined by balancing objective seriousness with substantial mitigating factors, including the offender’s genuine remorse, lack of prior convictions, extra curial punishment, and exceptional family hardship, resulting in a reduced but full-time custodial sentence of three years and six months with a non-parole period of 21 months. The aggregate sentence reflects the concurrency of the offences and exceptional circumstances.

Parties
Prosecution: The Crown; Offender: Graham Morrison
Jurisdiction
Australia
Judgment Date
18 September 2019
Procedural Posture
Criminal / Sentence
Outcome
Convicted and Sentenced
Legal Topics
Sentence, Driving Occasioning Death, Cause Harm by Misconduct, Driver Fatigue, Exceptional Circumstances, Totality
Criminal Law Sentence Driving Occasioning Death Cause Harm by Misconduct Driver Fatigue Exceptional Circumstances Totality

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Parties

The Crown

Prosecution

Graham Morrison

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for dangerous driving occasioning death and causing bodily harm by misconduct
  2. 2 Assessment of objective seriousness and moral culpability
  3. 3 Existence of exceptional circumstances warranting mitigation of sentence

Ratio Decidendi

The appropriate sentence for the offences was determined by balancing objective seriousness with substantial mitigating factors, including the offender’s genuine remorse, lack of prior convictions, extra curial punishment, and exceptional family hardship, resulting in a reduced but full-time custodial sentence of three years and six months with a non-parole period of 21 months. The aggregate sentence reflects the concurrency of the offences and exceptional circumstances.

Court Disposition

Convicted and Sentenced

Orders

  • Offender Graham Morrison convicted of four offences (two counts of dangerous driving occasioning death, two counts of cause bodily harm by misconduct)
  • Aggregate sentence of imprisonment: 3 years and 6 months commencing 18 September 2019, expiring 17 March 2023