James Morrison: Sutherland man appeals jail sentence for sexually touching a girl at party

A teenager who forced a vulnerable girl to rub his penis at a house party – moments after she vomited – has appealed his sentence in court claiming his punishment was too harsh.

Teen James Morrison pleaded guilty to sexually touching another person without consent and appealed his sentence. Picture: Ashleigh Tullis

A teenager has claimed he was too young and immature to understand his sexual advances of a girl – forcing her to rub his penis – was “unwanted”.

James Morrison, 18, appealed his jail sentence in Downing Centre District Court on Wednesday after he pleaded guilty to sexually touching another person without consent.

Agreed facts tendered to court said Morrison, who at the time was working at a fast food restaurant, was completing Year 12 and undertaking his HSC.

Morrison, who lives in Kirrawee, and a girl were at a party last year and consumed drinks throughout the night.

Court documents state Morrison held the girl’s hair back while she vomited and soon after he started kissing her but she pulled away from him.

James Morrison, 18 from Kirrawee, appealed his jail sentence in Downing Centre District Court on Wednesday after he pleaded guilty to sexually touching another person without consent. Picture: Ashleigh Tullis

Morrison pulled her towards him and began rubbing her breasts, over and under her shirt, and touched her genitalia over her pants.

Court documents state he then guided the girl’s hand onto his penis and made her rub it about five seconds before she pulled her hand away.

The girl stood up and walked away before she was picked up from the party.

The court heard Morrison sent a message to a friend saying “she like passed out into the bush face first so I lifted her up and put her against me so her face wasn’t in the bush then after a bit I touched her tits but I made sure she was awake before I did it then I stopped because she didn’t sound like she was fully there”.

Morrison attended Sutherland police station and told officers the victim was extremely intoxicated and had fallen in and out of consciousness.

When asked if she would have been in a position to consent to anything Morrison said she would not have given the state she was in but he denied sexually touching her as described.

James Morrison appealed his jail sentence in Downing Centre Local Court. Picture: NCA NewsWire / Nikki Short

In Sutherland Local Court in April, Magistrate Hugh Donnelly placed Morrison on a nine-month intensive correction order which is a jail term served in the community and he was ordered to complete 150 hours of community service.

On Wednesday, Downing Centre District Court heard Morrison lived with at home with his family and was a university student.

Morrison’s defence lawyer Brendan Searson asked Judge Huw Baker to not convict his client and place him on a conditional release order, adding Morrison had completed 40 hours of community service.

Mr Searson said his client was a “young man of good character, but for a conviction has a bright future” and the offending was “an aberration”.

He cited a psychological report that said due to Morrison’s age, he was emotionally, psychologically and cognitively immature because his brain had not fully developed.

He said therefore Morrison’s age and lack of maturity reduced his moral culpability, which made him unable to “comprehend his actions and realise his conduct was unwanted”.

Mr Searson said Morrison had lost his job after a media report was published.

A Crown prosecutor said a jail sentence was warranted and submitted Morrison did understand consent because he later sent a text message stating, “I made sure she was awake before I did it”.

She said his age and immaturity did not reduce his control, adding the circumstances of the offending were serious and the touching only stopped when the victim walked away.

The prosecutor noted the victim was “helpless and vulnerable” due to her level of intoxication, and submitted Morrison “took full advantage” in an “opportunistic way”.

Judge Baker took into account Morrison’s lack of criminal record, remorse, that he was unlikely to reoffending and had good prospects of rehabilitation but determined his age and level of maturity did not reduce his moral culpability.

He noted a jail sentence was not the most appropriate sentence but because the offence was not trivial a conviction was warranted.

Morrison was sentenced to an 18-month community correction order where he must be of good behaviour.