Morrison v R [2014] NSWCCA 199

Morrison v R [2014] NSWCCA 199

The appeal was dismissed because the sentences were not shown to be manifestly excessive and the 2-year accumulation was within the sentencing judge's discretion. Although count 2 involved a shorter detention than count 1, the violence and psychological control directed to NB were significantly greater, his injuries were far greater, the offence occurred second in time, the applicant showed no remorse, and the criminality of count 2 could not be encompassed by the sentence for count 1.

Jurisdiction
Australia
Judgment Date
01 October 2014
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the Sydney District Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['detain for Advantage in Circumstances of Special Aggravation' 'manifest Excess' 'totality Principle' 'accumulation of Sentences' 'objective Seriousness' 'moral Culpability']
['criminal Law' 'sentencing'] ['detain for Advantage in Circumstances of Special Aggravation' 'manifest Excess' 'totality Principle' 'accumulation of Sentences' 'objective Seriousness' 'moral Culpability']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the sentence imposed for count 2 was manifestly excessive because it was the same as the sentence imposed for count 1 despite a shorter period of detention.' 'Whether the partial accumulation of 2 years of count 2 on count 1 was manifestly excessive and infringed the totality principle.']

Ratio Decidendi

The appeal was dismissed because the sentences were not shown to be manifestly excessive and the 2-year accumulation was within the sentencing judge's discretion. Although count 2 involved a shorter detention than count 1, the violence and psychological control directed to NB were significantly greater, his injuries were far greater, the offence occurred second in time, the applicant showed no remorse, and the criminality of count 2 could not be encompassed by the sentence for count 1.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']