Morris, Morris and Snelson v R [2008] NSWCCA 182

New South Wales Court of Criminal Appeal

CITATION: Morris, Morris and Snelson v R [2008] NSWCCA 182

HEARING DATE(S): Wednesday 18 June 2008

JUDGMENT DATE: 21 August 2008

JUDGMENT OF: Spigelman CJ at 1; Hidden J at 2; Price J at 39

Bernard Morris: sentences confirmed but fixed term of 12 months on aggravated enter dwelling with intent to commence on 22 October 2008. Aggregate sentence of 4 years with non-parole period of 2 years 9 months. DECISION: Bruce Morris: leave to appeal granted, appeal dismissed. James Snelson: leave to appeal granted, appeal dismissed.

CATCHWORDS: CRIMINAL LAW: - joint applications for leave to appeal against sentence - aggravated break, enter and steal (2) - in one case, additional charge of aggravated enter with intent to steal - whether pleas of guilty taken into account - whether adequate distinction in sentence because of offenders' different roles, subjective cases - in one case, whether assistance to authorities taken into account - whether overall sentence after accumulation reflected finding of special circumstances - whether lesser sentences warranted

Crimes Act (s112(2); s111(2)) LEGISLATION CITED: Crimes (Sentencing Procedure) Act (s21A(3)(k); s22) Criminal Appeal Act s6(3)

R v Fernando (1992) 76 A Crim R 58 R v Thomson & Houlton (2000) 49 NSWLR 383 CASES CITED : R v Lawrence [2005] NSWCCA 91 SZ v R (2006) 168 A Crim R 249 R v Button & Griffen [2002] 54 NSWLR 455 Douar v R [2005] 159 A Crim R 154

Bernard Morris (applicant) PARTIES: Bruce Morris (applicant) James Snelson (applicant) Regina (respondent)