Morton v R [2018] NSWCCA 84

Morton v R [2018] NSWCCA 84

Leave was refused because the sentencing judge separately considered the criminality of each offence, the assessment of the s 66A offences as mid-range was open in light of the victims' very young ages, the applicant's breaches of trust and the manner in which he obtained access to the children, and the applicant failed to demonstrate that the individual or total sentences were unreasonable, plainly unjust or manifestly excessive.

Jurisdiction
Australia
Judgment Date
04 May 2018
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Application From District Court Sentence
Outcome
Application for leave to appeal dismissed.
Legal Topics
['aggravated Sexual Intercourse With a Child Under 10 Years' 'sexual Intercourse With a Child Under 10 Years' 'indecent Assault of a Person Under 16 Years' 'objective Seriousness' 'manifest Excess' 'leave to Appeal Against Sentence']
['criminal Law' 'sentencing'] ['aggravated Sexual Intercourse With a Child Under 10 Years' 'sexual Intercourse With a Child Under 10 Years' 'indecent Assault of a Person Under 16 Years' 'objective Seriousness' 'manifest Excess' 'leave to Appeal Against Sentence']

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Application From District Court Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessing the objective criminality of the offences as in the mid-range.' 'Whether the sentences imposed were unreasonable or plainly unjust and manifestly excessive.']

Ratio Decidendi

Leave was refused because the sentencing judge separately considered the criminality of each offence, the assessment of the s 66A offences as mid-range was open in light of the victims' very young ages, the applicant's breaches of trust and the manner in which he obtained access to the children, and the applicant failed to demonstrate that the individual or total sentences were unreasonable, plainly unjust or manifestly excessive.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • ['The application for leave to appeal is dismissed.']