Morris v R [2022] NSWCCA 207

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Morris v R [2022] NSWCCA 207 Hearing dates: 12 August 2022 Decision date: 30 September 2022 Before: Kirk JA at [1]; Button J at [2]; Dhanji J at [53] Decision: (1) Leave to appeal against sentence granted. (2) Appeal dismissed. Catchwords: CRIME – Appeals – Appeal against sentence – Ongoing drug dealing – Manifest excess – Where submitted that remarks of sentencing judge were not reflected in sentence imposed – Where unusual sentence structure imposed – Where special circumstances found causing dramatic departure from statutory ratio between non-parole period and head sentence – Leave to appeal granted and appeal dismissed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Procedure Act 1986 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Justice Legislation Amendment Act (No 2) 2019 (NSW) Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518 Bugmy v The Queen (1990) 169 CLR 525; [1990] HCA 18 Bugmy v The Queen (2013) 249 CLR 571 R v Simpson (2001) 53 NSWLR 704; [2001] NSWCCA 534 Category: Principal judgment Parties: Bruce Morris (Applicant) Rex (Respondent) Representation: Counsel: J Brock (Applicant) S Traynor (Respondent)

Solicitors: Aboriginal Legal Service (NSW/ACT) (Applicant) Solicitor for Public Prosecutions (NSW) (Respondent) File Number(s): 2020/106837 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 24 March 2021 Before: Robison DCJ File Number(s): 2020/00106837