Moore v The Queen

Case [2019] NSWCCA 264


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
  • Amendment notes
Medium Neutral Citation: Moore v R [2019] NSWCCA 264
Hearing dates: 16 October 2019
Decision date: 04 November 2019
Before: Macfarlan JA at [1];
Johnson J at [2];
R A Hulme J at [8]
Decision:

1. Time to file Notice of Application for Leave to Appeal is extended to 25 July 2019.
2. Leave to appeal against sentence is granted.
3. The appeal is dismissed.

Catchwords: CRIME – appeal against sentence – aggregate sentence imposed for serious domestic violence offences – no error in assessment of objective seriousness of counts 1 and 4 – no error in less than favourable findings for prospects of rehabilitation or risk of re-offending – whether sentence was manifestly excessive – limited utility of statistics and cases for comparison – no error in assessment of indicative sentences for individual offences – no error in degree to which the indicative sentences were partially accumulated
Legislation Cited: Crimes Act 1900 (NSW), ss 33, 33(1)(b), 33B(1)(a), 86(2)(b)
Crimes (Appeal and Review) Act 2001 (NSW), s 68A
Crimes (Sentencing Procedure) Act 1999 (NSW), s 3A
Evidence Act 1995 (NSW), s 136
Cases Cited: AM v R [2012] NSWCCA 203; (2012) 225 A Crim R 481
Cahyadi v R [2007] NSWCCA 1; (2007) 168 A Crim R 41
Cherry v R [2017] NSWCCA 150
Heron v R [2006] NSWCCA 215
Majzoub v R [2019] NSWCCA 94
Nguyen v R [2019] NSWCCA 87
Nguyen v The Queen (2016) 256 CLR 656; [2016] HCA 17
R v Burton [2008] NSWCCA 128
R v Hamid (2006) 164 A Crim R 179; [2006] NSWCCA 302
R v Mulato [2006] NSWCCA 282
R v Williams [2004] NSWCCA 246; (2004) 148 A Crim R 325
The Queen v De Simoni (1981) 147 CLR 383; [1981] HCA 31
Zreika v R [2012] NSWCCA 44; (2012) 223 A Crim R 460
Category:Principal judgment
Parties: Paul Phillip Moore (Applicant)
Regina (Respondent)
Representation:

Counsel:
Ms K Stares (Applicant)
Mr D Patch (Crown)

  Solicitors:
Velasquez Legal (Applicant)
Solicitor for Public Prosecutions (Crown)
File Number(s): 2016/337006
 Decision under appeal 
Court or tribunal:
District Court
Citation:
R v Paul Phillip Moore [2018] NSWDC 228
Date of Decision:
24 August 2018
Before:
Colefax SC DCJ
File Number(s):
2016/337006

HEADNOTE

[This headnote isnotto be read as part of the judgment]

Mr Paul Phillip Moore (the applicant) pleaded guilty to three offences: cause grievous bodily harm with intent to cause grievous bodily harm contrary to s 33(1)(b) Crimes Act 1900 (NSW) (Count 1); detain with intent to obtain an advantage, namely a psychological advantage, and immediately beforehand occasion actual bodily harm, contrary to s 86(2)(b) (Count 2); and use offensive weapon with intent to commit an indictable offence, namely intimidation, contrary to s 33B(1)(a) (Count 3).

The course of conduct in which the offences were committed began when the applicant ambushed his ex-partner outside her house, beating her around the head and body with…

Continue reading Moore v The Queen

Sign in free to access the full text

Details
AGLC
Moore v The Queen [2019] NSWCCA 264
Case
[2019] NSWCCA 264
Decision Date

CaseChat Overview and Summary

The appellant was convicted of multiple offences of domestic violence and was sentenced to an aggregate term of imprisonment. The appeal was against the sentence imposed, which the appellant contended was manifestly excessive. The High Court of Australia was tasked with reviewing the sentence and determining whether the trial judge had erred in his assessment of the objective seriousness of the offences, the prospects of rehabilitation, the risk of re-offending, and the degree to which the indicative sentences were accumulated.

The legal issues before the court included whether the trial judge had erred in his assessment of the objective seriousness of the offences, particularly counts 1 and 4. The court also needed to determine if the judge had erred in making less than favourable findings for the prospects of rehabilitation or the risk of re-offending. Additionally, the court had to consider whether the aggregate sentence was manifestly excessive and if the degree to which the indicative sentences were partially accumulated was appropriate.

The court found that there was no error in the trial judge's assessment of the objective seriousness of the offences, nor in his less than favourable findings for the prospects of rehabilitation or risk of re-offending. The court held that while the statistics and cases for comparison were of limited utility, the trial judge's assessment of the indicative sentences for the individual offences and the degree to which they were partially accumulated was not erroneous. The court concluded that the sentence imposed was not manifestly excessive and dismissed the appeal.

The High Court affirmed the sentence imposed by the trial court. The appeal was dismissed, and the original sentence was upheld.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.