Regina v Moore [2000] NSWCCA 272

Regina v Moore [2000] NSWCCA 272

Although the sentence was inadequate and the sentencing judge erred by failing to address deterrence and by giving maximum weight to a late guilty plea, the appeal was dismissed in the exercise of discretion because of the respondent's profound medical condition and the principles of double jeopardy.

Jurisdiction
Australia
Judgment Date
15 June 2000
Procedural Posture
Crown Appeal Against Sentence / Court of Criminal Appeal Judgment on Appeal From Sentence Imposed in the District Court
Outcome
Appeal dismissed
Legal Topics
['drug Offences' 'supply of Prohibited Drug' 'guilty Plea Discount' 'community Service Order' 'deterrence' 'double Jeopardy']
['criminal Law' 'sentencing'] ['drug Offences' 'supply of Prohibited Drug' 'guilty Plea Discount' 'community Service Order' 'deterrence' 'double Jeopardy']

Case Brief

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Procedural Posture

Crown Appeal Against Sentence / Court of Criminal Appeal Judgment on Appeal From Sentence Imposed in the District Court

Legal Issues

  1. 1 ['Whether the sentence of a Community Service Attendance Order of thirty-six hours for supplying a prohibited drug was manifestly inadequate.' 'Whether the sentencing judge erred by giving maximum mitigating weight to a plea of guilty that was not made at the earliest opportunity.' 'Whether the sentencing judge failed to take general and personal deterrence into account in sentencing for drug supply.' "Whether, despite inadequacy in the sentence, the Crown appeal should be dismissed having regard to the respondent's medical condition and double jeopardy principles."]

Ratio Decidendi

Although the sentence was inadequate and the sentencing judge erred by failing to address deterrence and by giving maximum weight to a late guilty plea, the appeal was dismissed in the exercise of discretion because of the respondent's profound medical condition and the principles of double jeopardy.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.']