Moore v R [2019] NSWCCA 264

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Moore v R [2019] NSWCCA 264 Hearing dates: 16 October 2019 Decision date: 04 November 2019 Before: Macfarlan JA at [1]; Johnson J at [2]; R A Hulme J at [8] Decision: 1. Time to file Notice of Application for Leave to Appeal is extended to 25 July 2019. 2. Leave to appeal against sentence is granted. 3. The appeal is dismissed. Catchwords: CRIME – appeal against sentence – aggregate sentence imposed for serious domestic violence offences – no error in assessment of objective seriousness of counts 1 and 4 – no error in less than favourable findings for prospects of rehabilitation or risk of re-offending – whether sentence was manifestly excessive – limited utility of statistics and cases for comparison – no error in assessment of indicative sentences for individual offences – no error in degree to which the indicative sentences were partially accumulated Legislation Cited: Crimes Act 1900 (NSW), ss 33, 33(1)(b), 33B(1)(a), 86(2)(b) Crimes (Appeal and Review) Act 2001 (NSW), s 68A Crimes (Sentencing Procedure) Act 1999 (NSW), s 3A Evidence Act 1995 (NSW), s 136 Cases Cited: AM v R [2012] NSWCCA 203; (2012) 225 A Crim R 481 Cahyadi v R [2007] NSWCCA 1; (2007) 168 A Crim R 41 Cherry v R [2017] NSWCCA 150 Heron v R [2006] NSWCCA 215 Majzoub v R [2019] NSWCCA 94 Nguyen v R [2019] NSWCCA 87 Nguyen v The Queen (2016) 256 CLR 656; [2016] HCA 17 R v Burton [2008] NSWCCA 128 R v Hamid (2006) 164 A Crim R 179; [2006] NSWCCA 302 R v Mulato [2006] NSWCCA 282 R v Williams [2004] NSWCCA 246; (2004) 148 A Crim R 325 The Queen v De Simoni (1981) 147 CLR 383; [1981] HCA 31 Zreika v R [2012] NSWCCA 44; (2012) 223 A Crim R 460 Category: Principal judgment Parties: Paul Phillip Moore (Applicant) Regina (Respondent) Representation: Counsel: Ms K Stares (Applicant) Mr D Patch (Crown)