Moloney v R [2022] NSWCCA 34

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Moloney v R [2022] NSWCCA 34 Hearing dates: 07 February 2022 Date of orders: 07 March 2022 Decision date: 07 March 2022 Before: Leeming JA at [1] Rothman J at [2] Harrison J at [3] Decision: (1) Grant leave to appeal against sentence. (2) Allow the appeal. (3) Quash the sentence imposed upon Thomas Moloney by her Honour English DCJ on 3 September 2020 and instead sentence Mr Moloney to a term of imprisonment for 4 years and 6 months commencing on 18 June 2020 and expiring on 17 December 2024 with a non-parole period of 2 years and 3 months expiring on 17 September 2022. Catchwords: CRIMINAL LAW – appeal – appeal against sentence – aggravated robbery – whether sentencing judge erred in finding that the level of violence used in the offence was extreme – whether sentence was manifestly excessive Legislation Cited: Crimes Act 1900 (NSW), s 95(1) Cases Cited: El Sayed v R [2018] NSWCCA 250 Field v R [2020] NSWCCA 105 JJ v R [2020] NSWCCA 165 Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221 Category: Principal judgment Parties: Thomas Moloney (Applicant) Crown (Respondent) Representation: Counsel: A Evers (Applicant) A Morris (Respondent)

Solicitors: Legal Aid (NSW) (Applicant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2018/251707 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW at Katoomba Jurisdiction: Criminal Date of Decision: 3 September 2020 Before: English DCJ File Number(s): 2018/251707