Morton v R [2014] NSWCCA 8

Morton v R [2014] NSWCCA 8

The utilitarian value of the applicant's plea was diminished due to its timing and because it occurred after plea bargaining and a downgrade of charges. There was a significant difference between the applicant’s and the co-offender’s roles, justifying the disparity in sentences. The sentence imposed was within the permissible range and was not manifestly excessive.

Parties
Applicant: Ross Leslie Morton; Respondent Crown: Regina
Jurisdiction
Australia
Judgment Date
20 February 2014
Procedural Posture
Criminal Sentence Appeal / Court of Criminal Appeal (nsw) Leave to Appeal Against Sentence
Outcome
Leave to appeal against sentence granted but appeal dismissed.
Legal Topics
Sentence Appeal, Knowingly Take Part in Supply of Prohibited Drug, Discount for Plea of Guilty, Utilitarian Value, Role Differentiation, Parity, Manifest Excess
Criminal Law Sentence Appeal Knowingly Take Part in Supply of Prohibited Drug Discount for Plea of Guilty Utilitarian Value Role Differentiation Parity Manifest Excess

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Parties

Ross Leslie Morton

Applicant

Regina

Respondent Crown

Procedural Posture

Criminal Sentence Appeal / Court of Criminal Appeal (nsw) Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in the assessment of the discount for the plea of guilty
  2. 2 Whether the sentencing judge erred in applying the principles of parity of sentencing
  3. 3 Whether the sentence was manifestly excessive

Ratio Decidendi

The utilitarian value of the applicant's plea was diminished due to its timing and because it occurred after plea bargaining and a downgrade of charges. There was a significant difference between the applicant’s and the co-offender’s roles, justifying the disparity in sentences. The sentence imposed was within the permissible range and was not manifestly excessive.

Court Disposition

Leave to appeal against sentence granted but appeal dismissed.

Orders

  • Leave to appeal against sentence granted.
  • Appeal dismissed.