Morris, Morris and Snelson v R [2008] NSWCCA 182

Morris, Morris and Snelson v R [2008] NSWCCA 182

Although there were deficiencies in the sentencing judge's expressed reasons, including the handling of guilty pleas and Bernard Morris' assistance, the sentences for Bruce Morris and Snelson were not excessive or rendered inadequate for downward adjustment. However, in Bernard Morris' case, the aggregation of sentences resulted in a disproportionate non-parole period, which warranted limited intervention by adjusting the commencement of his additional sentence to preserve the intended benefit of special circumstances.

Parties
Applicant: Bernard Morris; Applicant: Bruce Morris; Applicant: James Snelson; Respondent: Regina
Jurisdiction
Australia
Judgment Date
21 August 2008
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Appellate Judgment
Outcome
Leave to appeal granted to all applicants; Bruce Morris and James Snelson: appeals dismissed; Bernard Morris: appeal allowed in part and sentence commencement restructured.
Legal Topics
Sentencing, Aggravated Break, Enter and Steal, Aggravated Enter Dwelling With Intent, Guilty Pleas, Assistance to Authorities, Special Circumstances, Sentence Relativity
Criminal Law Sentencing Aggravated Break, Enter and Steal Aggravated Enter Dwelling With Intent Guilty Pleas Assistance to Authorities Special Circumstances Sentence Relativity

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Parties

Bernard Morris

Applicant

Bruce Morris

Applicant

James Snelson

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Appellate Judgment

Legal Issues

  1. 1 Whether pleas of guilty were adequately taken into account in sentencing
  2. 2 Whether there was an adequate distinction between offenders in sentencing due to different roles and subjective circumstances
  3. 3 Whether assistance to authorities by Bernard Morris was adequately weighed in sentence

Ratio Decidendi

Although there were deficiencies in the sentencing judge's expressed reasons, including the handling of guilty pleas and Bernard Morris' assistance, the sentences for Bruce Morris and Snelson were not excessive or rendered inadequate for downward adjustment. However, in Bernard Morris' case, the aggregation of sentences resulted in a disproportionate non-parole period, which warranted limited intervention by adjusting the commencement of his additional sentence to preserve the intended benefit of special circumstances.

Court Disposition

Leave to appeal granted to all applicants; Bruce Morris and James Snelson: appeals dismissed; Bernard Morris: appeal allowed in part and sentence commencement restructured.

Orders

  • Leave to appeal granted for Bruce Morris and James Snelson, appeal dismissed.
  • Leave to appeal granted for Bernard Morris, appeal allowed in part: Sentences for aggravated break, enter and steal confirmed with commencement date 22 January 2007; fixed term of 12 months for aggravated enter dwelling with intent to steal confirmed but to commence on 22 October 2008. Sentence to expire on 21...