R v Pierre MOSS [2013] NSWDC 207

District Court New South Wales

Medium Neutral Citation: R v Pierre MOSS [2013] NSWDC 207 Decision date: 09 May 2013 Before: Cogswell SC DCJ Decision: Convicted of the offence of using a carriage service to menace, harass or cause offence. Sentenced to 12 months imprisonment. Release directed forthwith upon entering a recognisance in the sum of $500 to be of good behaviour for 12 months. Offence held to be a Class 2 registrable offence under the Child Protection (Offenders Registration) Act 2000. Catchwords: CRIMINAL LAW - Particular offence - using a carriage service to menace, harass or cause offence - coach of under 14 girls' soccer team exchanged inappropriate and offensive text messages with 12 year old team member. Sentence - relevant factors - gravity of offence - significant breach of trust and authority - no prior criminality given less weight as that factor allowed offender into position of trust he abused - response to charge - remorse - contrition - guilty plea - 20 per cent discount - good prospects of rehabilitation - nature and circumstances of offender - violent marriage - psychiatric and psychological material - bipolar disorder, anxiety, depression - connection between condition and offending behaviour - purpose of sentence - general deterrence significant factor due to difficulty in detecting offence - significance reduced due to offender's mental condition - appropriate for sentence to be suspended. Sentencing Orders - whether or not offence involved an "act of indecency" in respect of a child - a Class 2 registrable offence under the Child Protection (Offenders Registration) Act 2000 - limited extra curial punishment. Sentencing Procedure - relevant material - victim impact statement. Legislation Cited: Child Protection (Offenders Registration) Act 2000, s 3A(1). Child Protection (Offenders Registration) Regulation, reg 18. Crimes Act 1914 (Cth), s 17A. Criminal Code Act 1995 (Cth), s 473.4, s 474.17, s 474.27A. Cases Cited: Eades v Director of Public Prosecutions (NSW) (2010) 77 NSWLR 173; [2010] NSWCA 241. Purves v Inglis (1915) 34 NZLR 1051. R v Manson, R v Stamenkovic (Court of Criminal Appeal, 17 February 1993, unreported). TMTW v R [2008] NSWCCA 50. Category: Sentence Parties: Commonwealth Director of Public Prosecutions (Crown) Pierre Moss (Offender) Representation: Counsel: G E Wright (Crown) G Porter (Offender) File Number(s): DC 2012/83530 Publication restriction: His Honour has elected to use pseudonyms for the names of the offender and the child to protect the child's identity.