R v Matthew MOORE [2012] NSWDC 295

District Court New South Wales

Medium Neutral Citation: R v Matthew MOORE [2012] NSWDC 295 Decision date: 23 November 2012 Before: Cogswell SC DCJ Decision: For offence of robbery in company - sentence of imprisonment of 2 years and 8 months, non-parole period of 16 months. For common assault under s 166(1)(b) Criminal Procedure Act 1986 - convicted, order directing offender enter into a good behaviour for 3 months. Catchwords: CRIMINAL LAW - Particular offence - robbery in company - vulnerable victims - two 15 year old boys at train station - offender carrying baseball bat - one victim forced onto train tracks to retrieve property. Sentence - relevant factors - gravity of offence - middle of range of objective seriousness - response to charges - admissions to police - plea of guilty at earliest opportunity - 25% discount - evidence of remorse - acknowledged fault in pre sentence report - prior criminality - several offences dealt with by Children's Court including two aggravated robberies - greater emphasis on specific deterrence - nature and circumstances of offender - suffering psychotic illness at time offence committed - offences related to substance abuse - risk of re-offending and prospects of rehabilitation dependant on addressing drug addiction - addiction does not reduce moral culpability - offender aware of effect on his behaviour of combining drugs and alcohol - mental illness - inappropriate vehicle for general deterrence - custody weighs heavily - full time custody reflects need for protection against violence when dependant on public transport. Sentencing procedure - sentencing guidelines - most Henry factors present - special circumstances found - young age, first time in adult custody, need for rehabilitation and for extensive period of residential rehabilitation - victim impact statement - flashbacks. Legislation Cited: Criminal Procedure Act 1986, s 166(1)(b). Crimes (Sentencing Procedure) Act) 1999, s 9, s 50 Cases Cited: R v Henry (1999) 46 NSWLR 346. R v Hemsley [2004] NSWCCA 228. Category: Sentence Parties: Regina (Crown) Matthew Martin Moore (Offender) Representation: Counsel: B P Hancock (Offender) Solicitor: C Summerfield, Office of Director of Public Prosecutions (Crown) File Number(s): DC 2012/156907