R v Morris [2006] NSWDC 68

New South Wales District Court

CITATION: R v Morris [2006] NSWDC 68

HEARING DATE(S): 15/05/06-22/05/06 14/07/06

JUDGMENT DATE: 10 August 2006

JUDGMENT OF: Nield DCJ at 1

DECISION: Offender sentenced to imprisonment for a total period of 7 years with a non parole period of 4 years, 6 months to commence on 28/1/06 and to expire on 27/7/10, and a parole period of 2 years, 6 months to commence on 28/7/10 and to expire on 27/1/13 with supervision by the NSW Probation and Parole Service whilst on parole during the parole period

CATCHWORDS: Criminal law - Malicious wounding - Sentencing after trial - Within class of worst case of its kind - Aggravating and mitigating factors - Date for commencement of sentence

LEGISLATION CITED: s.35(1) Crimes Act 1900 s.3A; s21A Crimes (Sentencing Procedure) Act

R v El Masri (2005) NSWCCA 167 CASES CITED: R v Gent (2005) NSWCCA 370 R v Callahan (2006) NSWCCA 58

PARTIES: Regina Mark Anthony Morris

FILE NUMBER(S): 05/31/0363

COUNSEL: Mr A. Tillers (Crown) Mr R. Pontello (Offender)

SOLICITORS: Mr D. Hewitson (Crown) Ms B. Duchen (Offender)

HIS HONOUR: As to the sentencing of Mark Anthony Morris.

1. The offender is Mark Anthony Morris. He was born on either 22 March 1964, as per the records of the New South Wales Police, exhibit E1, the Victorian Police, exhibit E2, the New South Wales Department of Corrective Services, exhibit FF, and the New South Wales Probation and Parole Service, exhibit GG, or 22nd September 1965, as per the report of Ms Duffy, psychologist, exhibit 2. Accordingly, he was aged either forty-one years three months, or thirty-nine years ten months when on 22 July 2005 he committed the subject offence.