Port Douglas chef loses his appeal

COURT

STAFF WRITERS

Email
Like
95%
Dislike
5%
Last updated:
Daniel Rooney lost his appeal in the Supreme Court. Image: Facebook.
Like
Dislike

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.


RELATED: 
- 12 years handed down for abducting Port Douglas woman
- Port Douglas kidnapper pleads guilty


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.



Submit a letter to the editor here.

* Readers are encouraged to use their full details to ensure letter legitimacy.


Send news tips and videos here


* Comments are the opinions of readers and do not represent the views of Newsport, its staff or affiliates. Reader comments on Newsport are moderated before publication to promote valuable, civil, and healthy community debate. Visit our comment guidelines if your comment has not been approved for publication.