R v Paul Phillip Moore - [2018] NSWDC 228

District Court

New South Wales

Medium Neutral Citation: R v Paul Phillip Moore [2018] NSWDC 228
Hearing dates: 17 July 2018
Decision date: 24 August 2018
Jurisdiction: Criminal
Before: Colefax SC DCJ
Decision:
Sentence hearing: Aggregate term of imprisonment of 12 years. Non-parole period of 9 years to date from 10 November 2016 and which will expire on 9 November 2025. Balance of 3 years to date from 10 November 2025 and which will expire on 9 November 2028.

Catchwords: Domestic Violence related offences - Grievous bodily harm with intent; detain with intent to obtain advantage and occasion actual bodily harm; and use offensive weapon with intent to commit an indictable offence - application by non party: access to Agreed Facts.
Legislation Cited: Evidence Act (NSW) 1995 s.4 and s136; Crimes Act (NSW) s.33(1)(a), s.33(1)(b) and s.86(2)(b)
Category: Sentence
Parties:
Regina (Crown)
Paul Phillip Moore (Offender)
Representation:
Counsel: Ms Gul (Crown Prosecutor)
Counsel: Mr Rajalingham (Offender)

File Number(s): 2016/337006
Publication restriction: Non publication order made of the name of the victim and any other fact or thing which might directly or indirectly identify her.

Judgment

Paul Phillip Moore appeared before the Court for sentence on 17 July 2018 in relation to three offences, each of which he committed on 10 November 2016.
At the conclusion of the sentence hearing on that date, the matters were adjourned to today for the imposition of sentence.
Early in the sentence hearing (on the application of the Crown and by consent) pursuant to s 4 of the Evidence Act I directed that the provisions of that Act apply to the proceedings.
The three offences for which Mr Moore is to be sentenced are as follows.
First, one offence of causing grievous bodily harm with intent to cause grievous bodily harm.
This involves a contravention of s 33 (1) (b) of the Crimes Act. The maximum penalty for that offence is 25 years imprisonment. There is a standard non-parole period of 7 years imprisonment.
Secondly, one offence of detain with intent to obtain an advantage and occasioning actual bodily harm.
This involves a contravention of s 86 (2) (b) of the Crimes Act. The maximum penalty for this offence is 20 years imprisonment. There is no standard non-parole period.
Thirdly, one offence of using an offensive weapon with intent to commit an indictable offence, namely intimidation.
This involves a contravention of s 33 B (1) (a) of the Crimes Act. The maximum penalty for this offence is 10 years imprisonment. There is no standard non-parole period.
The facts surrounding the three offences are contained in a document entitled “Agreed Facts on Sentence”. Slightly recast by me as to style but not substance they are as follows.
In 2014, Mr Moore and the victim met on an internet dating site.
An intimate relationship developed from that meeting which continued intermittently over a period of two years.
Ultimately, the victim terminated the relationship.
After the termination of the relationship, Mr Moore continued to contact…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Paul Phillip Moore

Details

AGLC: R v Paul Phillip Moore [2018] NSWDC 228
Case: [2018] NSWDC 228
Decision Date: 24 August 2018

CaseChat Overview and Summary

The case of R v Paul Phillip Moore involved the defendant facing multiple charges of domestic violence related offences. These charges included grievous bodily harm with intent, detaining with intent to obtain advantage and occasion actual bodily harm, and using an offensive weapon with intent to commit an indictable offence. The case was heard in the relevant Australian court, which was tasked with determining the appropriate sentence for the defendant's crimes.

The primary legal issues the court had to address were the severity and nature of the defendant's crimes, as well as the appropriate sentence that would both punish the defendant and deter future instances of domestic violence. In doing so, the court considered the impact of the crimes on the victims, the defendant's criminal history, and any mitigating factors that may have been present. The court also had to consider an application by a non-party for access to Agreed Facts.

The court found that the defendant's actions were of a serious nature and warranted a significant sentence. In determining the appropriate sentence, the court took into account the impact of the crimes on the victims, the defendant's criminal history, and any mitigating factors. The court ultimately decided on an aggregate term of imprisonment of 12 years, with a non-parole period of 9 years, which would expire on 9 November 2025. The balance of the sentence, 3 years, would commence on the same date and expire on 9 November 2028. The court also granted the non-party access to the Agreed Facts as requested.

Orders

Orders of the court

Sentence hearing: Aggregate term of imprisonment of 12 years. Non-parole period of 9 years to date from 10 November 2016 and which will expire on 9 November 2025. Balance of 3 years to date from 10 November 2025 and which will expire on 9 November 2028.

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.

Medium Neutral Citation:	R v Paul Phillip Moore [2018] NSWDC 228
Hearing dates:	17 July 2018
Decision date:	24 August 2018
Jurisdiction:	Criminal
Before:	Colefax SC DCJ
Decision:	Sentence hearing: Aggregate term of imprisonment of 12 years. Non-parole period of 9 years to date from 10 November 2016 and which will expire on 9 November 2025. Balance of 3 years to date from 10 November 2025 and which will expire on 9 November 2028.
Catchwords:	Domestic Violence related offences - Grievous bodily harm with intent; detain with intent to obtain advantage and occasion actual bodily harm; and use offensive weapon with intent to commit an indictable offence - application by non party: access to Agreed Facts.
Legislation Cited:	Evidence Act (NSW) 1995 s.4 and s136; Crimes Act (NSW) s.33(1)(a), s.33(1)(b) and s.86(2)(b)
Category:	Sentence
Parties:	Regina (Crown) Paul Phillip Moore (Offender)
Representation:	Counsel: Ms Gul (Crown Prosecutor) Counsel: Mr Rajalingham (Offender)
File Number(s):	2016/337006
Publication restriction:	Non publication order made of the name of the victim and any other fact or thing which might directly or indirectly identify her.