Moore v R [2016] NSWCCA 300

Moore v R [2016] NSWCCA 300

The sentencing judge erred in treating the applicant's level of planning as an aggravating factor of real weight, but the applicant's objective criminality remained substantial because she actively encouraged and assisted her son, armed herself, drove him while knowing he was armed and intended serious violence, escalated the confrontation, struck the deceased and assisted the disposal of the weapon. The parity ground failed because her role and relationship with James Moore made her criminality greater than Mr Price's. On resentencing, no lesser sentence was warranted in law, so leave was granted but the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
16 December 2016
Procedural Posture
Criminal Sentence Appeal Against Sentence for Murder / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['murder' 'sentence Appeal' 'joint Criminal Enterprise' 'aiding and Abetting' 'objective Criminality' 'parity Principle' 'aggravating Factors' 'crimes (sentencing Procedure) Act 1999 S 21 A']
['criminal Law' 'sentencing'] ['murder' 'sentence Appeal' 'joint Criminal Enterprise' 'aiding and Abetting' 'objective Criminality' 'parity Principle' 'aggravating Factors' 'crimes (sentencing Procedure) Act 1999 S 21 A']

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Procedural Posture

Criminal Sentence Appeal Against Sentence for Murder / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge erred in assessing the applicant's objective criminality as at the upper end of the mid-range and imposed a manifestly excessive sentence." 'Whether the sentencing judge erred by treating the level of planning as an aggravating factor of real weight under s 21A of the Crimes (Sentencing Procedure) Act 1999.' 'Whether the applicant had a justifiable sense of grievance when her sentence was compared with the sentence imposed on Brendan James Price.' 'Whether, despite identified error, a lesser sentence was warranted under s 6(3) of the Criminal Appeal Act 1912.']

Ratio Decidendi

The sentencing judge erred in treating the applicant's level of planning as an aggravating factor of real weight, but the applicant's objective criminality remained substantial because she actively encouraged and assisted her son, armed herself, drove him while knowing he was armed and intended serious violence, escalated the confrontation, struck the deceased and assisted the disposal of the weapon. The parity ground failed because her role and relationship with James Moore made her criminality greater than Mr Price's. On resentencing, no lesser sentence was warranted in law, so leave was granted but the appeal was dismissed.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Leave to appeal against sentence granted.' 'Appeal dismissed.']