Moss v The Queen

In *Moss v The Queen*, the applicant sought leave to appeal against a sentence imposed by the sentencing Judge in the Supreme Court of South Australia. The applicant had pleaded guilty to three counts of communicating with the intention of making a child amenable to sexual activity, contrary to section 63B(3)(b) of the *Criminal Law Consolidation Act 1935* (SA). The offending occurred on 31 October, 11 and 13 November 2019.

The sole ground of appeal argued was that the sentencing Judge erred in determining the applicant was a "serious repeat offender" under section 53(1)(a) of the *Sentencing Act 2017* (SA). This determination hinged on whether the offences occurred on "separate occasions" as required by the Act, with the applicant contending that the "total circumstantial unity" of his offending meant they did not.

The Court refused permission to appeal, holding that the offending did not occur within a single, closed period. The offences were separated by at least one day and spanned over a month, thus constituting separate occasions as contemplated by section 53(1)(b) of the *Sentencing Act 2017* (SA). Consequently, the Court found no issue of principle or arguable error in the sentencing Judge's approach.