R v Morris [2009] NSWDC 223

R v Morris [2009] NSWDC 223

The sentences imposed reflect the objective seriousness of each count of sexual assault, assault occasioning actual bodily harm, and detention for advantage, taking into account aggravating features, the offender's record, findings of special circumstances, the principle of totality, and partially accumulated terms to ensure proportionality and proper recognition of the distinct criminal acts.

Jurisdiction
Australia
Judgment Date
31 August 2009
Procedural Posture
Criminal / Sentencing After Verdict
Outcome
The offender is convicted and sentenced on each count, with terms of imprisonment as specified and findings of special circumstances. Sentences partially accumulated to reflect totality. Orders made for post-release supervision regarding psychiatric and drug/alcohol treatment.
Legal Topics
['sexual Assault' 'assault Occasioning Actual Bodily Harm' 'detention for Advantage' 'sentencing']
['criminal Law'] ['sexual Assault' 'assault Occasioning Actual Bodily Harm' 'detention for Advantage' 'sentencing']

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Procedural Posture

Criminal / Sentencing After Verdict

Legal Issues

  1. 1 ['Determination of sentences for multiple offences including sexual assault, assault occasioning actual bodily harm, and detention for advantage' 'Assessment of objective seriousness and subjective factors in sentencing' 'Application of special circumstances, deterrence, and totality principles in sentencing']

Ratio Decidendi

The sentences imposed reflect the objective seriousness of each count of sexual assault, assault occasioning actual bodily harm, and detention for advantage, taking into account aggravating features, the offender's record, findings of special circumstances, the principle of totality, and partially accumulated terms to ensure proportionality and proper recognition of the distinct criminal acts.

Court Disposition

The offender is convicted and sentenced on each count, with terms of imprisonment as specified and findings of special circumstances. Sentences partially accumulated to reflect totality. Orders made for post-release supervision regarding psychiatric and drug/alcohol treatment.

Orders

  • ['On count 2: 4 years 6 months (3 years non-parole, 1 year 6 months balance, commencing 20 January 2011), special circumstances found.' 'On count 3: 7 years (5 years non-parole, 2 years balance, commencing 20 January 2011), special circumstances found.' 'On count 4: 8 years 6 months (6 years non-parole, 2 years 6...