R v Morris [1999] NSWCCA 252

R v Morris [1999] NSWCCA 252

The sentence imposed was within range; no error or question of principle arose. Drug addiction is not a mitigating factor. The applicant's willingness to undergo rehabilitation was properly taken into account as a special circumstance.

Parties
Applicant: Kenneth John Morris; Respondent: Regina (NSW)
Jurisdiction
Australia
Judgment Date
18 August 1999
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal against sentence refused
Legal Topics
Sentencing, Robbery, Drug Addiction as a Mitigating Factor
Criminal Law Sentencing Robbery Drug Addiction as a Mitigating Factor

Case Brief

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Parties

Kenneth John Morris

Applicant

Regina (NSW)

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether there was error in sentencing
  2. 2 Whether drug addiction is a mitigating factor in sentencing for robbery
  3. 3 Whether applicant's circumstances warranted adjustment to sentence

Ratio Decidendi

The sentence imposed was within range; no error or question of principle arose. Drug addiction is not a mitigating factor. The applicant's willingness to undergo rehabilitation was properly taken into account as a special circumstance.

Court Disposition

Leave to appeal against sentence refused

Orders

  • Leave to appeal against sentence refused