NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: MORRIS v R [2007] NSWCCA 127 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 4 May 2007
JUDGMENT DATE: 17 May 2007
JUDGMENT OF: Giles JA at 1; Hidden J at 30; Harrison J at 31
DECISION: Grant leave to appeal. Appeal allowed. Sentence imposed on 10 August 2006 quashed and in lieu thereof the applicant sentenced to imprisonment for 5 years, comprising a non-parole period of 3 years and 6 months commencing on 28 January 2006 and to expire on 27 July 2009 and a balance of term of 1 year and 6 months to commence on 28 July 2009 and expire on 27 January 2011.
CATCHWORDS: Sentencing - malicious wounding - whether aggravating factor of vulnerability of victim - vunlerability because of disability through illness - whether sentence manifestly excessive - sentencing judge placed offence at top of range of seriousness and within "worst case" class - imposed maximum period of imprisonment - injuries far removed from worst case injuries - erroneous to place offence within worst case class - resentenced to lesser period of imprisonment.
PARTIES: Mark Anthony Morris - Applicant Regina - Respondent
FILE NUMBER(S): CCA 2007/408
COUNSEL: B Rigg - Applicant P Ingram - Crown
SOLICITORS: Brenda Duchen - Applicant S Kavanagh (Solicitor for Public Prosecutions)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/31/0363
LOWER COURT JUDICIAL OFFICER: Nield DCJ
LOWER COURT DATE OF DECISION: 10 August 2006 (Date of sentence)
IN THE COURT OF CRIMINAL APPEAL CCA 2007/408
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