Morris v R [2023] NSWCCA 228

Morris v R [2023] NSWCCA 228

The sentencing judge erred by failing to find that Mr Morris's background of deprivation was relevant to his moral culpability under Bugmy principles. Given the improved prospects for rehabilitation and time already served, a different aggregate sentence by way of an intensive correction order (ICO) was warranted.

Parties
Applicant: Kane Adam Morris; Respondent: Rex
Jurisdiction
Australia
Judgment Date
15 September 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed. Sentence quashed. Applicant re-sentenced to imprisonment served by intensive correction order.
Legal Topics
Sentence Appeal, Indigenous Offender, Background of Deprivation, Bugmy Principles, Intensive Corrections Order
Criminal Law Sentence Appeal Indigenous Offender Background of Deprivation Bugmy Principles Intensive Corrections Order

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Parties

Kane Adam Morris

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in finding no evidence to support that Mr Morris suffered a background of deprivation relevant to sentencing under Bugmy v The Queen
  2. 2 Whether the sentencing judge erred in finding no mental health diagnoses linked to the offending

Ratio Decidendi

The sentencing judge erred by failing to find that Mr Morris's background of deprivation was relevant to his moral culpability under Bugmy principles. Given the improved prospects for rehabilitation and time already served, a different aggregate sentence by way of an intensive correction order (ICO) was warranted.

Court Disposition

Appeal allowed. Sentence quashed. Applicant re-sentenced to imprisonment served by intensive correction order.

Orders

  • Grant leave to appeal.
  • Allow the appeal.