Morris, R v

Morris, R v

The judge's summing-up, though not perfect, was fair and balanced; the failure to give the propensity limb of the good character direction did not render the conviction unsafe given the clear presentation of character evidence; the sentence of five years was manifestly excessive given the unusual facts and lack of...

Source-derived case information.

Parties
Appellant: Jess Morris; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
02 November 2004
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; appeal against sentence allowed in part.
Legal Topics
Good Character Direction, Jury Summing Up, Wounding With Intent, Common Assault, Sentencing Guidelines, Self Defence
Criminal Law Good Character Direction Jury Summing Up Wounding With Intent Common Assault Sentencing Guidelines Self Defence

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Summary, issues, holding and outcome

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Parties

Jess Morris

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge's summing-up was materially defective and biased against the appellant
  2. 2 Whether the judge erred in refusing to give a full or modified good character direction
  3. 3 Whether the conviction was unsafe due to alleged defects in the summing-up

Ratio Decidendi

The judge's summing-up, though not perfect, was fair and balanced; the failure to give the propensity limb of the good character direction did not render the conviction unsafe given the clear presentation of character evidence; the sentence of five years was manifestly excessive given the unusual facts and lack of premeditation, and should be reduced to three-and-a-half years.

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed in part.

Orders

  • Sentence of five years' imprisonment quashed and substituted with three-and-a-half years' imprisonment.