R v Morgan [2021] NSWDC 201

District Court New South Wales

Medium Neutral Citation: R v Morgan [2021] NSWDC 201 Hearing dates: 11 March 2021 Decision date: 11 March 2021 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Sentenced to a term of imprisonment of 3 years 6 months. Non parole period of 1 year 9 months. Catchwords: CRIME – Detain for advantage in company with intent to commit serious indictable offence - occasion actual bodily harm SENTENCING - Relevant factors on sentence – sentence after trial – victim impact –– untested evidence going to objective circumstances of offence not accepted - professional opinions about subjective circumstances accepted - history of mental disorders and domestic violence - remorse - role of offender - parity principles - differing roles of co-offenders - drug use – on an ice "bender" - good progress on remand - harsh custodial environment will have a negative impact on rehabilitation - special circumstances. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Afu v R [2017] NSWCCA 246 Bell v R [2019] NSWCCA 271 Green v The Queen (2011) 244CLR 462 Lau v R [2010] NSWCCA 43 Munda v Western Australia (2013) 249 CLR 600; [2013] HCA 38 R v Herring (1956) 73 WN (NSW) 203 R v Mark Chambers; R v Raynor Earnshaw [2019] NSWDC 848 R v Taylor [2020] NSWDC 430 Category: Sentence Parties: Brittany Morgan (the offender) Director of Public Prosecutions Representation: Counsel: Mr D Roff (for the offender) Mr D Coulton, Solicitor Advocate, Director of Public Prosecutions