R v Moore (No.2) [2015] NSWSC 214

Supreme Court New South Wales

Medium Neutral Citation: R v Moore (No.2) [2015] NSWSC 214 Hearing dates: 28 November 2014, 6 February2015 Date of orders: 13 March 2015 Decision date: 13 March 2015 Jurisdiction: Common Law Before: Garling J Decision: (1)A non-parole period of 18 years commencing on 1 November 2012 and concluding on 31 October 2030. (2)A balance of term of 6 years commencing on 1 November 2030 and concluding on 31 October 2036. (3)The offender will not be eligible to be released before the expiry of his non-parole period. Catchwords: CRIMINAL LAW – sentencing – murder – aggravating factors – prior criminal convictions including a serious personal violence offence –offence part of a planned criminal activity – offender on conditional liberty at time of offence – offence occurred at the home of the victim – mitigating factors – offender has demonstrated remorse – offender has assisted in the administration of justice – serious criminality Legislation Cited: Crimes Act 1900 Crimes (High Risk Offenders) Act 2006 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Cheung v The Queen [2001] HCA 67; (2001) 209 CLR 1 Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 R v Isaacs (1997) 41 NSWLR 374 R v MacDonell (NSWCCA, 8 December 1995, unreported) Veen v R (No.2) [1988] HCA 14; (1988) 164 CLR 465 Texts Cited: Not applicable Category: Sentence Parties: Regina James Kevin Moore (Offender) Representation: Counsel: J McLennan SC (Crown) C Smith SC (Offender)