Morrison v R [2022] NSWCCA 158

Morrison v R [2022] NSWCCA 158

The error in the jury direction was immaterial and favorable to the accused, as it removed a basis upon which the Crown could have established knowledge of absence of consent, creating no miscarriage of justice. The aggregate sentence failed to reflect the necessary high degree of concurrency where all offences arose from a single episode, and the indicative sentences for sexual touching were manifestly excessive.

Jurisdiction
Australia
Judgment Date
20 July 2022
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Decision on Conviction and Sentence
Outcome
Leave to appeal against conviction refused; leave to appeal against sentence granted; appeal against sentence allowed; sentence quashed and resentenced.
Legal Topics
['appeal Against Conviction' 'appeal Against Sentence' 'sexual Offences' 'jury Directions' 'aggregate Sentencing' 'concurrency of Sentences']
['criminal Law'] ['appeal Against Conviction' 'appeal Against Sentence' 'sexual Offences' 'jury Directions' 'aggregate Sentencing' 'concurrency of Sentences']

Case Brief

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal Decision on Conviction and Sentence

Legal Issues

  1. 1 ['Whether an erroneous jury direction regarding the mental element of consent in aggravated sexual assault amounted to a miscarriage of justice' 'Whether the aggregate sentence imposed was manifestly excessive given the circumstances of the offences']

Ratio Decidendi

The error in the jury direction was immaterial and favorable to the accused, as it removed a basis upon which the Crown could have established knowledge of absence of consent, creating no miscarriage of justice. The aggregate sentence failed to reflect the necessary high degree of concurrency where all offences arose from a single episode, and the indicative sentences for sexual touching were manifestly excessive.

Court Disposition

Leave to appeal against conviction refused; leave to appeal against sentence granted; appeal against sentence allowed; sentence quashed and resentenced.

Orders

  • ['Refuse leave to appeal against conviction.' 'Grant leave to appeal against sentence.' 'Allow the appeal against sentence.' 'Quash the sentence imposed by the District Court on 16 April 2021.' 'Sentence the applicant to an aggregate sentence of 10.5 years imprisonment commencing on 22 August 2019 and expiring on 21...