R v Moore [2023] NSWDC 118

R v Moore [2023] NSWDC 118

The offending was a serious, spontaneous, one-off indecent assault involving skin-on-skin contact to the vaginal area of an eight-year-old child by a much older man, falling in the middle range of objective seriousness and requiring imprisonment. The offender's traumatic childhood, substance abuse history, recent stability, need for treatment and guilty plea were relevant mitigating and rehabilitative factors, but did not excuse the offending or eliminate community safety concerns given his prior child exploitation material offences. A 5% reduction was allowed for the late guilty plea and special circumstances were found because the offender required monitoring, assistance and...

Jurisdiction
Australia
Judgment Date
03 February 2023
Procedural Posture
Criminal Sentence for Aggravated Indecent Assault of a Child Aged Under 16 / Sentence After Late Guilty Plea
Outcome
The offender was convicted and sentenced to three years and nine months imprisonment with a non-parole period of two years and six months.
Legal Topics
['aggravated Indecent Assault of a Child Aged Under 16' 'late Guilty Plea' 'objective Seriousness' 'victim Impact' 'childhood Deprivation and Trauma' 'standard Non Parole Period' 'special Circumstances']
['criminal Law' 'sentencing'] ['aggravated Indecent Assault of a Child Aged Under 16' 'late Guilty Plea' 'objective Seriousness' 'victim Impact' 'childhood Deprivation and Trauma' 'standard Non Parole Period' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentence for Aggravated Indecent Assault of a Child Aged Under 16 / Sentence After Late Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated indecent assault of a child aged under 16 contrary to s 61M(2) Crimes Act 1900.' "What reduction should be allowed for the utilitarian value of the offender's late guilty plea." 'How the objective seriousness of the offending should be assessed, including the age of the child, the nature of the contact, and the standard non-parole period.' "How the offender's childhood trauma, substance abuse, criminal history and prospects of rehabilitation should affect sentence." 'Whether special circumstances should be found to adjust the statutory ratio between the non-parole period and the balance of term.']

Ratio Decidendi

The offending was a serious, spontaneous, one-off indecent assault involving skin-on-skin contact to the vaginal area of an eight-year-old child by a much older man, falling in the middle range of objective seriousness and requiring imprisonment. The offender's traumatic childhood, substance abuse history, recent stability, need for treatment and guilty plea were relevant mitigating and rehabilitative factors, but did not excuse the offending or eliminate community safety concerns given his prior child exploitation material offences. A 5% reduction was allowed for the late guilty plea and special circumstances were found because the offender required monitoring, assistance and...

Court Disposition

The offender was convicted and sentenced to three years and nine months imprisonment with a non-parole period of two years and six months.

Orders

  • ['The offender is convicted.' 'The offender is sentenced to three years and nine months imprisonment.' "The sentence's non-parole period is two years and six months, dating from 4 December 2021." 'Moore will be eligible for consideration for release to parole on 3 June 2024.' 'There will be a parole period of one...