Regina v Morgan [2004] NSWCCA 194

New South Wales Court of Criminal Appeal

CITATION : Regina v Morgan [2004] NSWCCA 194 HEARING DATE(S) : 7 June 2004 JUDGMENT DATE : 17 June 2004

JUDGMENT OF : Dowd J at 1; Hislop J at 2; Smart AJ at 3 DECISION : See para 31

CATCHWORDS : Serious offences - amendment of sentences initially passed by altering sentence structure and thereby increasing effective head sentence by 9 months when amendment due to a misconception and no reasons given for increase when sentences initially passed within permissible range - period on parole too short. LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 CASES CITED : Nil PARTIES : Regina v Vincent Morgan FILE NUMBER(S) : CCA 60038/04 COUNSEL : (A) R Button (C) B Knox SC SOLICITORS : (A) R Davies (C) S Kavanagh

LOWER COURT District Court JURISDICTION : LOWER COURT 02/61/0201 FILE NUMBER(S) : LOWER COURT Woods ADCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL

60038/04 DOWD J HISLOP J SMART AJ Thursday, 17June 2004 Regina v VINCENT MORGAN

Judgment 1. DOWD J: I have read the judgment of Smart AJ in draft form. I agree with the proposed orders and his reasons therefor.

2. HISLOP J: I agree with Smart AJ.

3. SMART AJ: Vincent Morgan seeks leave to appeal against sentences of imprisonment imposed upon him on 6 June 2003, being a revision of the sentences imposed on 5 June 2003. The judge purported to act under the slip rule.

4. The effect of the revision was to extend the overall length of the head sentences by 9 months.

5. In his remarks of 5 June 2003 the judge first dealt with the sentence for count 4, sexual intercourse without consent, and imposed a sentence of 4 years imprisonment with a non-parole period of 2 years 9 months. No dates of commencement or expiry were mentioned. The judge next stated that for the indecent assaults (counts 2 and 6) he imposed on each a sentence of imprisonment of 20 months with a non-parole period of 14 months. The judge then considered totality and determined that the sentence on count 2 should be cumulative on the sexual assault count (count 4). As to the second indecent assault (count 6) he considered that it was so close to the sexual assault that the sentence on count 6 should be served concurrently. Again no dates of commencement and expiry were mentioned.