R v Morris [2009] NSWDC 223

New South Wales District Court

CITATION: R v Morris [2009] NSWDC 223

4 May 2009. HEARING DATE(S): Sentence Date 7 May 2009. Reasons delivered 31 August 2009.

JUDGMENT DATE: 31 August 2009

JURISDICTION: Crime

JUDGMENT OF: Phegan DCJ

LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

Pearce v The Queen (1998) 194 CLR 610 CASES CITED: R v Outami [2001] 127 ACrimR 369 R v Stambolis [2006] NSWCCA 310

PARTIES: The Crown Matthew James MORRIS

FILE NUMBER(S): 2006/00010588

1 The offender, Matthew James Morris, was tried on indictment before a jury in Port Macquarie District Court. The original indictment contained eight counts. The first count contained a charge of common assault on Tyron Windsor, the son of Lydia Murphy, on 27 July 2006. The second, third, fourth and fifth counts contained charges of sexual intercourse without consent with Lydia Murphy on 29 July 2006. The sixth count contained the charge of assaulting Lydia Murphy, occasioning actual bodily harm, also on 29 July 2006. The seventh count contained a further charge of sexual intercourse without consent with the same victim on 30 July 2006. The eighth count charged that the offender detained Lydia Murphy for advantage between 28 and 31 July 2006 and occasioned her actual bodily harm.

2 The offender pleaded guilty on arraignment to the sixth count of assault occasioning actual bodily harm and not guilty on the remaining seven counts.

3 The trial on the remaining seven counts commenced on 1 February 2008 and on 13 February 2008, the jury returned verdicts of not guilty on the first count and guilty on counts two to seven (that is two to five, seven and eight on the original indictment). It is the counts two to seven which are now before me for sentence.