Regina v Morgan [2003] NSWCCA 284

Regina v Morgan [2003] NSWCCA 284

The sentencing judge erred in principle by failing to reflect harsher custodial conditions and particular physical and emotional hardship in the head sentences, and the sentence structure required adjustment to give proper effect to totality. However, wholly concurrent sentences for all counts would not adequately reflect the criminality of six offences against a 12 year old over about 11 days. The appropriate result was to quash the sentences and impose partly concurrent sentences producing a lower effective head sentence and non-parole period.

Jurisdiction
Australia
Judgment Date
03 October 2003
Procedural Posture
Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal
Outcome
Leave to appeal granted, appeal allowed, sentence quashed, and the applicant resentenced.
Legal Topics
['severity Appeal' 'totality Principle' 'harsher Custodial Conditions' 'non Parole Period' 'special Circumstances' 'sexual Intercourse With a Person Between 10 and 16 Years']
['criminal Law' 'sentencing'] ['severity Appeal' 'totality Principle' 'harsher Custodial Conditions' 'non Parole Period' 'special Circumstances' 'sexual Intercourse With a Person Between 10 and 16 Years']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred by failing to take into account harsher than usual custodial conditions when determining the length of the head sentences.' 'Whether the sentencing judge correctly applied the principle of totality in structuring sentences for six offences committed over about 11 days.' 'Whether the sentences imposed were manifestly excessive or should have been wholly concurrent.']

Ratio Decidendi

The sentencing judge erred in principle by failing to reflect harsher custodial conditions and particular physical and emotional hardship in the head sentences, and the sentence structure required adjustment to give proper effect to totality. However, wholly concurrent sentences for all counts would not adequately reflect the criminality of six offences against a 12 year old over about 11 days. The appropriate result was to quash the sentences and impose partly concurrent sentences producing a lower effective head sentence and non-parole period.

Court Disposition

Leave to appeal granted, appeal allowed, sentence quashed, and the applicant resentenced.

Orders

  • ['Leave to appeal granted. Appeal allowed. Sentence quashed.' 'In lieu of the sentences imposed, on count 1, taking into account the offences on Form 1, the applicant is sentenced to 3 years 9 months starting on 15 December 2001 and ending on 14 September 2005 with a non-parole period of 2 years 9 months starting on...