R v Pierre MOSS [2013] NSWDC 207

R v Pierre MOSS [2013] NSWDC 207

The offender used a carriage service in a manner menacing, harassing or offensive to a 12-year-old child under his care, constituting a serious breach of trust and meeting the definition of an act of indecency in respect of a child under Child Protection (Offenders Registration) Act 2000, thereby making him a registrable person; although mental health issues reduced the weight of general deterrence and moral culpability, a term of imprisonment was required, but suspended due to prospects of rehabilitation and mitigating factors.

Jurisdiction
Australia
Judgment Date
09 May 2013
Procedural Posture
Criminal / Sentencing
Outcome
Convicted; sentenced to 12 months imprisonment, sentence suspended with a good behaviour recognisance; registration as a Class 2 registrable offender.
Legal Topics
['using a Carriage Service to Menace Harass or Cause Offence' 'sentencing' 'offender Registration' 'breach of Trust' 'general Deterrence' 'mental Health of Offender' 'registrable Offence']
['criminal Law'] ['using a Carriage Service to Menace Harass or Cause Offence' 'sentencing' 'offender Registration' 'breach of Trust' 'general Deterrence' 'mental Health of Offender' 'registrable Offence']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for using a carriage service to menace, harass or cause offence against a child' 'Whether the offence is a Class 2 registrable offence under Child Protection (Offenders Registration) Act 2000' "Effect of offender's mental condition on culpability and sentencing" 'Appropriate discount for guilty plea']

Ratio Decidendi

The offender used a carriage service in a manner menacing, harassing or offensive to a 12-year-old child under his care, constituting a serious breach of trust and meeting the definition of an act of indecency in respect of a child under Child Protection (Offenders Registration) Act 2000, thereby making him a registrable person; although mental health issues reduced the weight of general deterrence and moral culpability, a term of imprisonment was required, but suspended due to prospects of rehabilitation and mitigating factors.

Court Disposition

Convicted; sentenced to 12 months imprisonment, sentence suspended with a good behaviour recognisance; registration as a Class 2 registrable offender.

Orders

  • ['Pierre Moss convicted of using a carriage service to menace, harass or cause offence under Criminal Code Act 1995 (Cth) s 474.17.' 'Sentenced to 12 months imprisonment.' 'Order for release forthwith upon entering into a recognisance in the sum of $500 to be of good behaviour for 12 months.' 'Declared a registrable...