Moore v R [2024] NSWCCA 115

Moore v R [2024] NSWCCA 115

The appeal was dismissed because the sentencing judge expressly reduced moral culpability for Bugmy factors, was not required to address causal links between mental health and offending that were not advanced, and was entitled to give weight to general and specific deterrence given the applicant's record, violence and risk. The objective seriousness findings for the sexual offences were open on the agreed facts because the complainant was unconscious and the offending involved degrading and violent acts, and prior consensual sexual activity did not reduce seriousness. The aggregate sentence was not plainly unjust or manifestly excessive having regard to the number and seriousness of...

Jurisdiction
Australia
Judgment Date
08 July 2024
Procedural Posture
Criminal Appeal Against Sentence / Application for Extension of Time and Leave to Appeal Against Sentence
Outcome
Extension of time granted, leave to appeal granted, appeal dismissed.
Legal Topics
['assault Occasioning Actual Bodily Harm' 'sexual Intercourse Without Consent' 'record Intimate Image Without Consent' 'influence Witness' 'aggravated Detain for Advantage' 'intentionally Choke' 'domestic Violence' 'mental Health in Sentencing' 'bugmy Factors' 'objective Seriousness' 'manifest Excess']
['criminal Law' 'sentencing' 'criminal Appeals'] ['assault Occasioning Actual Bodily Harm' 'sexual Intercourse Without Consent' 'record Intimate Image Without Consent' 'influence Witness' 'aggravated Detain for Advantage' 'intentionally Choke' 'domestic Violence' 'mental Health in Sentencing' 'bugmy Factors' 'objective Seriousness' 'manifest Excess']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Extension of Time and Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge failed to have regard to principles applicable to offenders with mental health issues and Bugmy factors, including by giving excessive weight to general and specific deterrence or failing to give reasons.' 'Whether the sentencing judge erred in assessing the objective seriousness of the sexual intercourse without consent offences.' 'Whether the aggregate sentence was manifestly excessive.']

Ratio Decidendi

The appeal was dismissed because the sentencing judge expressly reduced moral culpability for Bugmy factors, was not required to address causal links between mental health and offending that were not advanced, and was entitled to give weight to general and specific deterrence given the applicant's record, violence and risk. The objective seriousness findings for the sexual offences were open on the agreed facts because the complainant was unconscious and the offending involved degrading and violent acts, and prior consensual sexual activity did not reduce seriousness. The aggregate sentence was not plainly unjust or manifestly excessive having regard to the number and seriousness of...

Court Disposition

Extension of time granted, leave to appeal granted, appeal dismissed.

Orders

  • ['Extend the time for the applicant to seek leave to appeal to 2 April 2024.' 'Grant leave to appeal.' 'Dismiss the appeal.']