R v Moss [2004] NSWCCA 422

R v Moss [2004] NSWCCA 422

Majority held fresh evidence of pregnancy and circumstances of other children do not warrant intervention; administrative arrangements for care of newborn within custodial environment are adequate; lack of expert evidence regarding hardship to other children; leave to appeal granted but appeal dismissed by majority.

Jurisdiction
Australia
Judgment Date
02 December 2004
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence
Outcome
Leave to appeal granted; appeal dismissed by majority.
Legal Topics
['application for Leave to Appeal Against Sentence' 'supply Methyl Amphetamine' 'fresh Evidence' 'hardship to Children' 'relevance of Pregnancy to Sentencing']
['criminal Law'] ['application for Leave to Appeal Against Sentence' 'supply Methyl Amphetamine' 'fresh Evidence' 'hardship to Children' 'relevance of Pregnancy to Sentencing']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence

Legal Issues

  1. 1 ['whether fresh evidence of applicant’s pregnancy justifies intervention and re-sentencing' 'whether hardship to applicant’s children warrants more lenient sentence' 'whether administrative arrangements for care of newborn child in custody are relevant to sentence']

Ratio Decidendi

Majority held fresh evidence of pregnancy and circumstances of other children do not warrant intervention; administrative arrangements for care of newborn within custodial environment are adequate; lack of expert evidence regarding hardship to other children; leave to appeal granted but appeal dismissed by majority.

Court Disposition

Leave to appeal granted; appeal dismissed by majority.

Orders

  • []