R v Paul Phillip Moore [2018] NSWDC 228

R v Paul Phillip Moore [2018] NSWDC 228

The aggregate sentence of 12 years imprisonment with a non-parole period of 9 years is appropriate given the objective seriousness, aggravating factors, lack of genuine remorse, and only limited mitigation for belated guilty pleas. No special circumstances warrant reduction. Indicative sentences set for each offence inform totality, but sentences partially accumulated for proper assessment.

Jurisdiction
Australia
Judgment Date
24 August 2018
Procedural Posture
Criminal / Sentence Hearing
Outcome
Offender convicted and sentenced to an aggregate term of imprisonment.
Legal Topics
['domestic Violence' 'grievous Bodily Harm With Intent' 'detain With Intent to Obtain Advantage' 'actual Bodily Harm' 'use Offensive Weapon' 'aggregate Sentence']
['criminal Law'] ['domestic Violence' 'grievous Bodily Harm With Intent' 'detain With Intent to Obtain Advantage' 'actual Bodily Harm' 'use Offensive Weapon' 'aggregate Sentence']

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Procedural Posture

Criminal / Sentence Hearing

Legal Issues

  1. 1 ['Appropriate sentence for grievous bodily harm with intent, detain with intent to obtain advantage occasioning actual bodily harm, and use offensive weapon with intent to commit indictable offence; Whether mitigating circumstances apply; Assessment of remorse and prospects of rehabilitation; Application of sentencing discounts']

Ratio Decidendi

The aggregate sentence of 12 years imprisonment with a non-parole period of 9 years is appropriate given the objective seriousness, aggravating factors, lack of genuine remorse, and only limited mitigation for belated guilty pleas. No special circumstances warrant reduction. Indicative sentences set for each offence inform totality, but sentences partially accumulated for proper assessment.

Court Disposition

Offender convicted and sentenced to an aggregate term of imprisonment.

Orders

  • ['Aggregate term of imprisonment of 12 years.' 'Non-parole period of 9 years commencing 10 November 2016 and ending 9 November 2025.' 'Balance of 3 years commencing 10 November 2025 and ending 9 November 2028.']