R v Morris [2013] NSWDC 31

R v Morris [2013] NSWDC 31

The offences were objectively very serious sexual violations committed against vulnerable young women in their homes, accompanied by break and enter offending and violence or threats. Although the offender had rehabilitated to some extent, pleaded guilty, was remorseful, and was entitled to consideration of Fernando principles in relation to the property offending and the overall exercise, the sexual offending was not shown to be related to substance abuse or Aboriginality. The high objective criminality, harm to the complainants, and need for general deterrence and retribution required a lengthy custodial sentence, with modest special circumstances found because of accumulation and the...

Jurisdiction
Australia
Judgment Date
24 January 2013
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas
Outcome
Sentenced to imprisonment. The overall sentence consists of a non-parole period of five and a half years and a period of eligibility for parole of two and a half years, making a total sentence of eight years.
Legal Topics
['sexual Intercourse Without Consent' 'break, Enter and Steal' 'break, Enter and Steal Whilst Armed' 'maliciously Inflicting Actual Bodily Harm' 'aboriginality and Sentencing' 'form 1 Offences' 'general Deterrence' 'objective Seriousness']
['criminal Law' 'sentencing'] ['sexual Intercourse Without Consent' 'break, Enter and Steal' 'break, Enter and Steal Whilst Armed' 'maliciously Inflicting Actual Bodily Harm' 'aboriginality and Sentencing' 'form 1 Offences' 'general Deterrence' 'objective Seriousness']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas

Legal Issues

  1. 1 ['What sentences should be imposed for two offences of sexual intercourse without consent and two offences of break, enter and steal, with two Form 1 matters taken into account.' 'What sentencing range should be applied where the offences were committed in 1988 and 1990 but sentence was imposed in 2013.' "What weight should be given to the offender's guilty pleas, remorse, rehabilitation, criminal history, Aboriginality, and the Fernando principles." 'Whether special circumstances should be found affecting the relationship between the non-parole period and the head sentence.']

Ratio Decidendi

The offences were objectively very serious sexual violations committed against vulnerable young women in their homes, accompanied by break and enter offending and violence or threats. Although the offender had rehabilitated to some extent, pleaded guilty, was remorseful, and was entitled to consideration of Fernando principles in relation to the property offending and the overall exercise, the sexual offending was not shown to be related to substance abuse or Aboriginality. The high objective criminality, harm to the complainants, and need for general deterrence and retribution required a lengthy custodial sentence, with modest special circumstances found because of accumulation and the...

Court Disposition

Sentenced to imprisonment. The overall sentence consists of a non-parole period of five and a half years and a period of eligibility for parole of two and a half years, making a total sentence of eight years.

Orders

  • ['For break, enter and steal committed on 15 September 1988, taking into account the attached Form 1 matter, a fixed term of imprisonment of two and a half years commencing 27 July 2011.' 'For break, enter and steal whilst armed committed on 17 February 1990, taking into account the attached Form 1 matter, a fixed...