NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v Morgan [2003] NSWCCA 284 HEARING DATE(S) : 3 September 2003 JUDGMENT DATE : 3 October 2003
JUDGMENT OF : Greg James J at 1; Howie J at 2; Smart AJ at 3 DECISION : See para 32
CATCHWORDS : Sentence - judge not taking into account in fixing the overall sentence harsher custodial conditions - correct application of principle of totality. R v Bavadra 115 A Crim R 152 CASES CITED : R v Pearce (1998) 194 CLR 610 R v Vachalac (1981) 1 NSWLR 351 PARTIES : Regina v Leonard James Morgan FILE NUMBER(S) : CCA 60285/03 COUNSEL : (A) Mr Craigie SC (C) Mr M Grogan SOLICITORS : (A) B Sandlands (C) C K Smith
LOWER COURT District Court JURISDICTION : LOWER COURT 02/31/0116 FILE NUMBER(S) : LOWER COURT Finnane DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 60285/03 GREG JAMES J HOWIE J SMART AJ Friday, 3 October 2003
Regina v Leonard James MORGAN
JUDGMENT
1. GREG JAMES J: I agree with Smart AJ. 2. HOWIE J: I agree with Smart AJ.
3. SMART AJ: Leonard James Morgan seeks leave to appeal against the severity of the following sentences imposed in the District Court (Finnane DCJ) consequent upon the offender's plea of guilty: Count Offence Sentence of Imprisonmen t
Count 1 Sexual intercourse with a person Fixed term of 3 years, between the ages of 10 years and 9 months starting on 15 16 years, namely 12 years, between December 2001 31 August 1998 and 15 October 1998
Two offences on a Form 1 were taken into account.
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