Morgan v R [2014] NSWCCA 284

Morgan v R [2014] NSWCCA 284

The aggregate sentence was severe and at the upper limit of a notional range, but the applicant did not show that it was unreasonable or plainly unjust. The repeated, sustained and preplanned break, enter and steal offences involved separate victims, private homes, substantial property values and Form 1 matters, and were accompanied by a separate possession of child abuse material offence. The sentencing judge's notional accumulation did not breach totality principles despite the applicant's favourable subjective circumstances and lack of prior criminal record.

Jurisdiction
Australia
Judgment Date
05 December 2014
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against an Aggregate Sentence Imposed in the District Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['break, Enter and Steal' 'possession of Child Abuse Material' 'manifestly Excessive Sentence' 'aggregate Sentence' 'totality' 'form 1 Offences' 'special Circumstances']
['criminal Law' 'sentencing' 'criminal Appeals'] ['break, Enter and Steal' 'possession of Child Abuse Material' 'manifestly Excessive Sentence' 'aggregate Sentence' 'totality' 'form 1 Offences' 'special Circumstances']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against an Aggregate Sentence Imposed in the District Court

Legal Issues

  1. 1 ['Whether the aggregate sentence of imprisonment for 11 years with a non-parole period of 6 years and 6 months was manifestly excessive.' 'Whether the notional accumulation inherent in the aggregate sentence breached totality principles.' 'Whether comparable cases and sentencing statistics showed that the sentence was an outlier.']

Ratio Decidendi

The aggregate sentence was severe and at the upper limit of a notional range, but the applicant did not show that it was unreasonable or plainly unjust. The repeated, sustained and preplanned break, enter and steal offences involved separate victims, private homes, substantial property values and Form 1 matters, and were accompanied by a separate possession of child abuse material offence. The sentencing judge's notional accumulation did not breach totality principles despite the applicant's favourable subjective circumstances and lack of prior criminal record.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']