R v Stephen Jodey Morris [2007] NSWDC 370

R v Stephen Jodey Morris [2007] NSWDC 370

The sentence was determined having regard to the seriousness of the current and Form 1 offences, significant delay between offence and charge contributing to hardship, the utilitarian value of the plea of guilty (despite it not being at the earliest opportunity), prospects for rehabilitation in light of the offender's addiction, and the principles of totality, leading to partially concurrent sentences and a referral for compulsory drug treatment assessment.

Jurisdiction
Australia
Judgment Date
14 December 2007
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced
Legal Topics
['sentencing' 'plea of Guilty' 'delay' 'totality' 'drug Treatment' 'discount for Plea' 'break and Enter' 'armed Robbery']
['criminal Law'] ['sentencing' 'plea of Guilty' 'delay' 'totality' 'drug Treatment' 'discount for Plea' 'break and Enter' 'armed Robbery']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ["What is the appropriate sentence for aggravated break and enter and break, enter and steal given the offender's history, delay in prosecution, plea of guilty, and prospects of rehabilitation?" 'What is the effect of delay on sentencing when charges are laid significantly after the offence and after service of other sentences?' 'How should Form 1 offences be taken into account in the sentence?']

Ratio Decidendi

The sentence was determined having regard to the seriousness of the current and Form 1 offences, significant delay between offence and charge contributing to hardship, the utilitarian value of the plea of guilty (despite it not being at the earliest opportunity), prospects for rehabilitation in light of the offender's addiction, and the principles of totality, leading to partially concurrent sentences and a referral for compulsory drug treatment assessment.

Court Disposition

Convicted and sentenced

Orders

  • ['On Count 2, sentenced to a non-parole period of two years imprisonment commencing 1 November 2005 and expiring 31 October 2007, total term of three years expiring 31 October 2008.' 'On Count 1, sentenced to six and a half years imprisonment commencing 1 May 2006 and expiring 31 October 2012; non-parole period...