Regina v Moore [2006] NSWSC 1369

Regina v Moore [2006] NSWSC 1369

Given substantial provocation over a sustained period, powerful mitigating factors including the offender's age, mental impairment, prior good character, immediate confession, and guilty plea, together with the circumstances of the offence and the requirements under the Crimes (Sentencing Procedure) Act 1999, the appropriate sentence is imprisonment for manslaughter with a non-parole period less than the statutory proportion, reflecting special circumstances.

Jurisdiction
Australia
Judgment Date
15 December 2006
Procedural Posture
Criminal / Sentencing
Outcome
Convicted of manslaughter; sentenced to imprisonment.
Legal Topics
['sentencing' 'manslaughter' 'provocation']
['criminal Law'] ['sentencing' 'manslaughter' 'provocation']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for manslaughter where provocation is established?' 'How do mitigating factors, such as provocation and the offender’s medical/psychological state, affect the sentence for manslaughter?']

Ratio Decidendi

Given substantial provocation over a sustained period, powerful mitigating factors including the offender's age, mental impairment, prior good character, immediate confession, and guilty plea, together with the circumstances of the offence and the requirements under the Crimes (Sentencing Procedure) Act 1999, the appropriate sentence is imprisonment for manslaughter with a non-parole period less than the statutory proportion, reflecting special circumstances.

Court Disposition

Convicted of manslaughter; sentenced to imprisonment.

Orders

  • ['Sentenced to a non-parole period of two years to date from 8 November 2005, expiring 7 November 2007.' 'Eligible for release on parole on 7 November 2007.' 'Balance of sentence of two years six months to date from 8 November 2007.' 'Sentence to expire on 7 May 2010.']