R v Stephen Jodey Morris [2007] NSWDC 370

New South Wales District Court

CITATION: R v Stephen Jodey Morris [2007] NSWDC 370

HEARING DATE(S): 30 November 2007, 14 December 2007 EX TEMPORE JUDGMENT DATE : 14 December 2007

JURISDICTION: Criminal

JUDGMENT OF: Goldring DCJ

DECISION: On Count 2 taking into account Form 1 matters sentenced to a non-parole period of two years imprisonment, commencing on 1 November 2005 and expiring on 31 October 2007 and a total term of three years expiring on 31 October 2008. On Count 1 taking into account Form 1 matters sentenced to six and a half years imprisonment, commencing 1 May 2006 and expiring on 31 October 2012. There will be a non-parole period of three years and six months expiring 31 October 2009 and an additional term of three years. The first date upon which he is eligible for parole will be 31 October 2009. Direct this matter be referred to the Drug Court for compulsory drug treatment assessment.

CATCHWORDS: CRIMINAL LAW - Sentencing - plea of guilty - discount - time at which plea entered

R v Kay [2004] NSWCCA 330 R v Todd [1982] 2 NSWLR 517 R v Mill (1988) 166 CLR 59 CASES CITED: R v Bragias (1997) 92 A Crim R 330 R v Fahda [1999] NSWCCA 267 R v Wong (2002) 137 ACR 120 R v Gower (1991) 56 A Crim R 115 R v Henry [1999] 46 NSWLR 346

PARTIES: Crown Stephen Jodey Morris

FILE NUMBER(S): 07/11/0365

COUNSEL: A Brown, solicitor (Crown) A Williams (Offender)

SOLICITORS: NSW DPP Legal Aid Commission

SENTENCE

1 HIS HONOUR: Stephen Morris pleaded guilty on arraignment to one charge of aggravated break and enter and one charge of break, enter and steal and he is convicted of those charges. He also asked me to take into account four other offences.