R v Scott Robert Morrison [2014] NSWDC 155

District Court New South Wales

Medium Neutral Citation: R v Scott Robert Morrison [2014] NSWDC 155 Hearing dates: Trial: 22 May 2014 - 30 May 2014 Sentence Hearing: 15 August 2014 Decision date: 12 September 2014 Before: Mahony SC DCJ Decision: Concurrent terms of imprisonment. For Orders see [63] Catchwords: Reckless wounding; assault occasioning actual bodily harm Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Crimes (Administration of Sentences) Act 1999 Cases Cited: Blanco v R (1999) 106 A Crim R 303 DPP (Cth) v De La Rosa [2010] NSWCCA 194 Elmasri v R [2005] NSWCCA 167 Pearce v R (1998) 194 CLR 610 R v Todd (1982) 2 NSWLR 517 Silvano v R (2008) 184 A Crim R 593 Veen v R (No. 2) (1998) 164 CLR 465 Category: Sentence Parties: Director of Public Prosecution (Crown) Scott Robert Morrison (Offender) Representation: D Daleo (Crown) B Robinson (Offender) File Number(s): 11/61616 Publication restriction: Nil

SENTENCE 1On 30 May 2014 the jury delivered verdicts of not guilty on the first three counts in the Indictment. The jury delivered a verdict of guilty on the 4th count on the Indictment which was an alternative count to count 3, namely: "On 23 February 2011 at St Marys in the State of New South Wales recklessly wounded Christina Ioannou." Section 35(4) of the Crimes Act 1900. 2The offender had previously entered a plea of guilty to count 5 on the Indictment which was as follows: "On 23 February 2011 at St Marys in the State of New South Wales, assaulted Danielle Oliver, thereby occasioning to her actual bodily harm." Section 59(1) Crimes Act 1900. 3In respect of count 4 on the Indictment, the maximum penalty prescribed by s 35(4) of the Crimes Act 1900 is 7 years imprisonment. There is a standard non-parole period of 3 years. 4In respect of count 5, the maximum penalty prescribed by s 59(1) of the Crimes Act 1900 is imprisonment of 5 years. 5The accused has been in custody since the verdicts were returned and that time in custody will be taken into account on sentence.