Morris v R [2023] NSWCCA 228

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Morris v R [2023] NSWCCA 228 Hearing dates: 01 September 2023 Date of orders: 15 September 2023 Decision date: 15 September 2023 Before: Ward P at [1]; Harrison J at [2]; Dhanji J at [45] Decision: (1) Grant leave to appeal. (2) Allow the appeal. (3) Quash the sentence imposed by Coleman SC DCJ on 2 December 2022 and in lieu thereof the following sentence is imposed: (a) An aggregate sentence of 1 year and 2 weeks imprisonment to commence on 15 September 2023. (b) Pursuant to s 7(1) of the Crimes (Sentencing Procedure) Act 1999, the sentence imposed on Mr Morris is to be served by way of an intensive correction order commencing on 15 September 2023 and expiring on 29 September 2024. (c) The standard conditions of the order will apply, namely, (i) Mr Morris must not commit any offence; and (ii) Mr Morris must submit to supervision by a community corrections officer for the term of the order. (4) In addition to the standard conditions, the following additional condition is imposed in accordance with s 73A(2) of the Act: (f) An abstention condition requiring abstention from alcohol and drugs. (5) If Mr Morris fails to comply with the conditions of the order, sanctions may be imposed by the Commissioner of Corrective Services. Those sanctions may include a formal warning, the imposition of more stringent conditions or may include revocation of this order. If the order is revoked, Mr Morris may be required to serve all or some of the period of the sentence in full-time custody. (6) Mr Morris is to report to Community Corrections office as soon as practicable but no later than within seven days. (7) A copy of this order will be forwarded to Mr Morris. Catchwords: CRIMINAL LAW – appeal – appeal against sentence – indigenous offender – deprived background - Bugmy v The Queen principles – whether sentencing judge gave effect to these principles having regard to the applicant's circumstances – re-sentence – intensive corrections order Legislation Cited: Crimes Act 1900 (NSW) ss 59(2), 111(2) Crimes (Sentencing Procedure) Act 1999 (NSW), s 73A Criminal Appeal Act 1912 (NSW) s 6(3) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Chan v R [2023] NSWCCA 206 Dungay v R [2020] NSWCCA 209 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Mandranis v R [2021] NSWCCA 97 RO v R [2019] NSWCCA 183 Category: Principal judgment Parties: Kane Adam Morris (Applicant) Rex (Respondent) Representation: Counsel: A Evers (Applicant) V Garrity (Respondent)