MOORE, David Albert v R [2008] NSWCCA 143

MOORE, David Albert v R [2008] NSWCCA 143

The starting point of 10 years, discounted by 10% for the guilty plea to 9 years, and the resulting non-parole period of 6 years, was appropriate given the objective seriousness of the offence, seriousness of injuries inflicted, and all relevant subjective circumstances; no error in sentencing discretion warrants disturbance of sentence.

Parties
Applicant: David Albert Moore; Respondent: Regina
Jurisdiction
Australia
Judgment Date
26 June 2008
Procedural Posture
Sentence Appeal / Appeal From District Court to Court of Criminal Appeal
Outcome
Appeal dismissed
Legal Topics
Sentencing, Grievous Bodily Harm, Standard Non Parole Period
Criminal Law Sentencing Grievous Bodily Harm Standard Non Parole Period

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Parties

David Albert Moore

Applicant

Regina

Respondent

Procedural Posture

Sentence Appeal / Appeal From District Court to Court of Criminal Appeal

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the sentencing judge erred in assessment of the standard non-parole period and maximum penalty
  3. 3 Whether a lesser sentence was warranted in law based on the seriousness of the offence and applicant's circumstances

Ratio Decidendi

The starting point of 10 years, discounted by 10% for the guilty plea to 9 years, and the resulting non-parole period of 6 years, was appropriate given the objective seriousness of the offence, seriousness of injuries inflicted, and all relevant subjective circumstances; no error in sentencing discretion warrants disturbance of sentence.

Court Disposition

Appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed