R v Moran

Case [2014] NZHC 966


IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

CRI 2011-020-3581 [2014] NZHC 966

THE QUEEN

v

PETER ROSS MORAN

Hearing: 9 May 2014

Counsel:

B Vanderkolk for the Crown
M Wilkinson-Smith and H Brown for Mr Moran

Sentence:

9 May 2014

SENTENCING NOTES OF MALLON J

Introduction

[1]      Mr  Moran  you  need  to  stand.    You  appear  for  sentencing  having  been convicted at a retrial on a charge of causing grievous bodily harm with reckless disregard to safety.1

Circumstances of offending

[2]      The victim of this offending was a two year old toddler whose name is B  . You met B  ’s mother, Ms R     , and B  , during the latter half of 2010.  The three of you moved into a home together in Palmerston North in February 2011 where you had enrolled as a student at Massey University.  Within a few weeks you and Ms R      decided to end your relationship, although you continued living in

the same house and sleeping in the same bed.   Not long after this Ms R    

1      Crimes Act, s 188(2). The jury was unable to reach a verdict at the first trial.

R v MORAN [2014] NZHC 966 [9 May 2014]

learned that she was pregnant to you and she was experiencing severe morning sickness as a result.

[3]      The  evidence  at  trial  was  that  B    was  an  adventurous  and  challenging toddler.   B   often got out of bed at night and took his clothes off, and he often urinated and defecated around the house.  There were a number of incidents of B   climbing  onto  furniture  and  onto  and  out  of  windows.    On  one  occasion,  B   climbed out of his bedroom window at night to get a closer look at a digger that was working on the street.  He was found by his mother on the street outside the house. In the early hours of 14 May 2011 B   climbed on to the lounge window sill, opened the window and fell, hitting his head on a concrete path.  He was taken to hospital for observation and ultimately discharged on 15 May 2011 after being assessed as in good health.

[4]      Ms R       was  having  difficulty  in  managing  B  ’s  behaviour  and providing sufficient supervision of him.  Shortly before the present incident she had met with a child psychologist and had booked a second appointment.  She and you had begun making entries in a book, called B  ’s book, to record B  ’s behaviour issues.  You had also put in place a “naughty square” in the kitchen as a place where B   was to be put to help him to understand that some of his behaviours were not okay.

[5]      On the evening of 17 May 2011 B   was put to bed.  Ms R      went to bed  herself  at  about  9.30 pm.    You  were  watching  television  and  working  on university assignments that were due. At some stage it seems that B   had gotten up out of bed.   You told the police that B…

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R v Moran [2014] NZHC 966
Case
[2014] NZHC 966
Decision Date

CaseChat Overview and Summary

The case of R v Moran, heard in the High Court of New Zealand, involved the sentencing of Peter Ross Moran, who was convicted of causing grievous bodily harm with reckless disregard to safety. The victim, a two-year-old toddler named B, suffered severe and permanent injuries, including brain damage, epilepsy, intellectual disability, and mobility issues. The court had to decide on the appropriate sentence for Moran, considering the gravity of the offence, the vulnerability of the victim, and Moran's personal circumstances.

The legal issues involved determining the appropriate starting point for the sentence, taking into account the maximum penalty for the offence and the specific circumstances of the case. The court considered whether the maximum starting point was warranted given the breach of trust and the momentary loss of control by Moran. Additionally, the court had to assess mitigating factors such as Moran's youth, lack of prior convictions, and the disruption caused by his lengthy period on bail.

The court decided on a starting point of four years imprisonment, reduced from the maximum due to the momentary loss of control and the challenging circumstances Moran faced. After applying discounts for the mitigating factors, the final sentence was set at three years and six months imprisonment, with no minimum period required. The court concluded that the sentence adequately denounced the offence and held Moran accountable, while also considering his prospects for rehabilitation and future contribution to society.

The final orders of the court were that Peter Ross Moran be sentenced to three years and six months imprisonment, with a first strike warning issued at the time of conviction.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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