Chef who abducted ex-girlfriend appeals jail term
A STALKER who abducted, choked and drove a woman off a cliff wants his jail term reduced.
Former Port Douglas chef Daniel Lewis Matthew Rooney was sentenced to 12 years’ jail last year for a raft of charges, including stalking, assault, burglary, choking, deprivation of liberty and dangerous driving.
He was also declared a serious violent offender by Justice Jim Henry.
During a terrifying kidnap ordeal on June 14, 2017, Rooney held his ex-girlfriend against her will and led police on a wild chase before veering his car off the Kuranda Range.
In October last year, Rooney told the court he would have to self-fund his appeal after his request to be represented by Legal Aid was rejected.
On Thursday, defence solicitor Ben Power told the Court of Appeal the sentencing judge erred in imposing the jail term without any reduction.
“When arriving at a sentence of 12 years, for which an SVO declaration automatically applies, the sentencing judge needed to give consideration and demonstrate it had been reduced in some way,” he said.
Crown prosecutor Dzenita Balic said Justice Henry had looked at all the offences independently and the Court of Appeal could not come to a different conclusion than the sentencing judge.
“After being in custody … his (Rooney’s) offending escalated to invading her home,” Ms Balic said.
“This mixture of features … are so significant in aggravation you would not come to a conclusion of a sentence of less than 12 years.”
Justices Catherine Holmes, Debra Mullins and David Jackson reserved their decision.
*For 24-hour domestic violence support call the national hotline 1800RESPECT on 1800 737 732 or Mensline on MensLine on 1800 600 636.