R v Moore (No.2) [2015] NSWSC 214

R v Moore (No.2) [2015] NSWSC 214

The offender's murder was slightly above the mid-range of objective seriousness: he went with others to the deceased's home intending to fight, armed himself with a mattock handle, inflicted multiple serious injuries, and delivered a significant blow to the head while the deceased was prone and disarmed. Aggravating factors included prior convictions including a serious personal violence offence, commission in company, planned criminal activity, commission while on a bond, and commission at the deceased's home. Mitigating factors included remorse, some guarded prospects of rehabilitation, and assistance in the administration of justice. Balancing punishment, general and specific...

Jurisdiction
Australia
Judgment Date
13 March 2015
Procedural Posture
Criminal Sentencing for Murder / Remarks on Sentence After Jury Verdict of Guilty and Conviction for Murder
Outcome
The offender was sentenced to imprisonment for 24 years with a non-parole period of 18 years.
Legal Topics
['murder' 'aggravating Factors' 'mitigating Factors' 'prior Convictions' 'conditional Liberty' 'planned Criminal Activity' 'remorse' 'assistance in the Administration of Justice' 'non Parole Period']
['criminal Law' 'sentencing'] ['murder' 'aggravating Factors' 'mitigating Factors' 'prior Convictions' 'conditional Liberty' 'planned Criminal Activity' 'remorse' 'assistance in the Administration of Justice' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentencing for Murder / Remarks on Sentence After Jury Verdict of Guilty and Conviction for Murder

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's conviction for murder." "What findings of fact consistent with the jury's verdict should be made for sentencing." 'What aggravating and mitigating factors under s 21A of the Crimes (Sentencing Procedure) Act 1999 should be taken into account.' 'Whether special circumstances should be found under s 44(2) Crimes (Sentencing Procedure) Act.']

Ratio Decidendi

The offender's murder was slightly above the mid-range of objective seriousness: he went with others to the deceased's home intending to fight, armed himself with a mattock handle, inflicted multiple serious injuries, and delivered a significant blow to the head while the deceased was prone and disarmed. Aggravating factors included prior convictions including a serious personal violence offence, commission in company, planned criminal activity, commission while on a bond, and commission at the deceased's home. Mitigating factors included remorse, some guarded prospects of rehabilitation, and assistance in the administration of justice. Balancing punishment, general and specific...

Court Disposition

The offender was sentenced to imprisonment for 24 years with a non-parole period of 18 years.

Orders

  • ['A non-parole period of 18 years commencing on 1 November 2012 and concluding on 31 October 2030.' 'A balance of term of 6 years commencing on 1 November 2030 and concluding on 31 October 2036.' 'The offender will not be eligible to be released before the expiry of his non-parole period.']