Port Douglas chef loses his appeal
COURT
Port Douglas chef Daniel Rooney, 27, lost his appeal against a 12 year jail sentence in the Court of Appeal yesterday.
Mr Rooney was sentenced last year for a series of violent offences after abducting a Port Douglas woman for 16 hours before driving her off a cliff on the Kuranda Range in 2017.
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The court transcripts reveal, Mr Rooney argued the hefty jail term was “manifestly excessive” in the Court of Appeal.
However, Justice Jackson ruled the original sentence handed down by the Cairns Supreme Court last year was reasonable and dismissed the case.
“It may be recognised that the applicant is a relatively young man, with a comparatively minor previous criminal history who, by reason of the statutorily mandated non-parole period will not be eligible for parole until after more than nine years and seven months of the total 12 year period of imprisonment,” he said.
“That is a heavy sentence but it was imposed for extremely serious offending.
“The applicant does not otherwise suggest a process of reasoning or rely on comparable decisions that would lead this court to interfere with the learned sentencing judge’s exercise of discretion in fashioning the sentences in a way that resulted in a total period of imprisonment of 12 years."
The judge added that no error that would satisfy the requirements was identified therefore “the sentences are not manifestly excessive”.
“In my view, the application for leave to appeal against the sentence should be refused.”
Mr Rooney will serve at least the mandatory 80 per cent of his 12-year sentence.
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