Mooney v R [2016] NSWCCA 231

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Mooney v R [2016] NSWCCA 231 Hearing dates: 17 June 2016 Decision date: 24 October 2016 Before: Ward JA at [1]; Davies J at [4]; R S Hulme AJ at [5] Decision: 1 Grant leave to appeal. 2 Allow the appeal. 3 Quash the sentences imposed by Payne DCJ on 16 December 2013. 4 In respect of the first count on the indictment dated 19 November 2013 and taking into account the offences on the Form 1 signed by the Applicant on 16 November 2013, sentence the Applicant to imprisonment for a non-parole period of 4 years and 10 months commencing on 2 February 2013 together with a further term of 1 year and 8 months. 5 In respect of the second count on the indictment dated 19 November 2013, sentence the Applicant to imprisonment for a non-parole period of 3 years and 6 months commencing on 2 August 2015 together with a further term of 3 years. 6 Record as the date upon which it appears to the Court that the Applicant shall be eligible for parole 2 February 2019. Catchwords: CRIMINAL LAW – sentencing – sexual intercourse without consent – victims with disability – discounts for confession and for plea on arraignment Legislation Cited: Crimes Act 1900 (NSW), ss 61J(1), 61M(1) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 23, 44 Cases Cited: CMB v Attorney General (New South Wales) (2015) 243 A Crim R 282; [2015] HCA 9 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Panetta v R [2016] NSWCCA 85 R v Borkowski (2009) 195 A Crim R 1; [2009] NSWCCA 102 R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309 Category: Principal judgment Parties: Daniel Mooney (Applicant) Regina (Respondent) Representation: Counsel: Mr A Radojev (Applicant) Ms V Lydiard (Respondent)