R v Morgan [2000] NSWCCA 96

R v Morgan [2000] NSWCCA 96

The sentencing judge erred by failing to reduce the overall sentence after removing the offence of escape from consideration, and imposed sentences that created inappropriate disparity with a co-offender, thereby requiring re-sentencing.

Jurisdiction
Australia
Judgment Date
24 March 2000
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
Appeal allowed. Sentences quashed. Applicant resentenced.
Legal Topics
['sentencing' 'robbery in Company' 'appeal Against Sentence' 'parity Principle' 'totality Principle']
['criminal Law'] ['sentencing' 'robbery in Company' 'appeal Against Sentence' 'parity Principle' 'totality Principle']

Case Brief

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Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in considering an offence not pleaded to' 'Whether sentences imposed breached the principle of totality' 'Whether there was inappropriate disparity between sentences imposed on co-offenders']

Ratio Decidendi

The sentencing judge erred by failing to reduce the overall sentence after removing the offence of escape from consideration, and imposed sentences that created inappropriate disparity with a co-offender, thereby requiring re-sentencing.

Court Disposition

Appeal allowed. Sentences quashed. Applicant resentenced.

Orders

  • ['Leave to appeal granted.' 'Sentences imposed on 18 June 1999 quashed.' 'On robbery in company (17 March 1998): 5 years 3 months penal servitude (minimum term 3 years 3 months from 17 March 1998 to 16 June 2001; additional term 2 years).' 'On robbery in company (27 March 1997): 4 years penal servitude (minimum term...