R v Moore; R v Price [2015] NSWSC 1101

R v Moore; R v Price [2015] NSWSC 1101

Ms Moore and Mr Price, though neither delivered the fatal blow, participated as aiders and abetters in a planned confrontation involving weapons, knowing of the likelihood of serious violence; aggravating factors outweighed mitigants, though both had prospects of rehabilitation and (for Moore) shown remorse. Their assistance and encouragement in the murder justified substantial sentences below that of the principal but reflecting their serious objective criminality.

Jurisdiction
Australia
Judgment Date
07 August 2015
Procedural Posture
Criminal / Sentencing After Conviction by Jury
Outcome
Ms Moore sentenced to 22 years' imprisonment (non-parole period 15 years); Mr Price sentenced to 18 years' imprisonment (non-parole period 12 years).
Legal Topics
['sentencing' 'murder' 'aiding and Abetting' 'use of Weapons' 'aggravating and Mitigating Factors' 'remorse' 'rehabilitation' 'special Circumstances']
['criminal Law'] ['sentencing' 'murder' 'aiding and Abetting' 'use of Weapons' 'aggravating and Mitigating Factors' 'remorse' 'rehabilitation' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal / Sentencing After Conviction by Jury

Legal Issues

  1. 1 ['What is the appropriate sentence for Ms Moore and Mr Price for aiding and abetting murder?' 'What aggravating and mitigating factors apply to each offender in sentencing for murder?' 'What is the objective seriousness of the criminality of each offender?']

Ratio Decidendi

Ms Moore and Mr Price, though neither delivered the fatal blow, participated as aiders and abetters in a planned confrontation involving weapons, knowing of the likelihood of serious violence; aggravating factors outweighed mitigants, though both had prospects of rehabilitation and (for Moore) shown remorse. Their assistance and encouragement in the murder justified substantial sentences below that of the principal but reflecting their serious objective criminality.

Court Disposition

Ms Moore sentenced to 22 years' imprisonment (non-parole period 15 years); Mr Price sentenced to 18 years' imprisonment (non-parole period 12 years).

Orders

  • ['Ms Michele Kathleen Moore: Sentenced to a non-parole period of 15 years commencing 22 November 2012 and concluding 21 November 2027, balance of term 7 years commencing 22 November 2027 and concluding 21 November 2034; not eligible for release before expiry of non-parole period.' 'Mr Brendan James Price: Sentenced...