R v Morgan [2003] NSWCCA 230

R v Morgan [2003] NSWCCA 230

The original sentencing order did not properly reflect the applicant's special circumstances or the principle of totality, particularly as the sentence structure did not allow for a realistic period of parole, and Form 1 offences improperly included two offences that were impossible for the applicant to have committed. The Court revised the sentences to correct these errors, taking into account only the valid Form 1 offences and structuring the sentences to permit appropriate supervision upon release.

Parties
Prosecutor: Regina; Applicant: Darren Morgan
Jurisdiction
Australia
Judgment Date
20 August 2003
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Determination of Sentence Appeal
Outcome
Leave to appeal granted. Sentences for robbery in company and assault occasioning actual bodily harm confirmed. Sentence for break and enter with intent quashed and new sentence imposed. Effective total sentence reduced.
Legal Topics
Sentencing, Discount for Plea of Guilty, Fernando Considerations, Sentence Severity, Totality Principle, Form 1 Offences
Criminal Law Sentencing Discount for Plea of Guilty Fernando Considerations Sentence Severity Totality Principle Form 1 Offences

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Parties

Regina

Prosecutor

Darren Morgan

Applicant

Procedural Posture

Criminal Appeal / Court of Criminal Appeal Determination of Sentence Appeal

Legal Issues

  1. 1 Whether the sentence imposed was excessive
  2. 2 Appropriate discount for plea of guilty and application of 'Fernando considerations'
  3. 3 Application of the totality principle in sentencing

Ratio Decidendi

The original sentencing order did not properly reflect the applicant's special circumstances or the principle of totality, particularly as the sentence structure did not allow for a realistic period of parole, and Form 1 offences improperly included two offences that were impossible for the applicant to have committed. The Court revised the sentences to correct these errors, taking into account only the valid Form 1 offences and structuring the sentences to permit appropriate supervision upon release.

Court Disposition

Leave to appeal granted. Sentences for robbery in company and assault occasioning actual bodily harm confirmed. Sentence for break and enter with intent quashed and new sentence imposed. Effective total sentence reduced.

Orders

  • Leave to appeal granted.
  • Robbery in company: sentence of a fixed term of imprisonment for three years and six months, to commence on 17 November 2001, and to expire on 16 May 2005, confirmed.