COURT OF APPEAL CRIMINAL APPEALS - MAY Case Primary charge(s) Sentence Nature of Outcome Successful New sentence Date of appeal of appeal ground (if (if any) judgment any) McDonald v the Convicted of 11 years and Appeal Dismissed N/A N/A 1 May 2014 Neave, Queen maintaining a sexual six months’ against Weinberg [2014] VSCA 80 relationship with a imprisonment, conviction and trial under 16 (three non-parole and sentence Coghlan charges); period of nine JJA years Pleaded guilty to possessing child pornography (one charge) Monaghan v Pleaded guilty to Five years and Appeal Allowed Fresh Five years’ 1 May 2014 Nettle and the Queen theft (two charges), nine months’ against evidence imprisonment Priest JJA [2014] VSCA 82 burglary (one imprisonment, sentence (appellant’s with a charge), armed non-parole impaired period robbery (one period of three mental of three years charge) and assault years and nine functioning) and six of a police officer in months not available months due execution of his to sentencing duty (one charge) judge
COURT OF APPEAL CRIMINAL APPEALS - MAY Case Primary charge(s) Sentence Nature of appeal Outcome of appeal Successful ground (if any) New sentence (if any) Date of judgment McDonald v the Queen [2014] VSCA 80 Convicted of maintaining a sexual relationship with a under 16 (three charges); Pleaded guilty to possessing child pornography (one charge) 11 years and six months’ imprisonment, non-parole period of nine years Appeal against conviction and sentence Dismissed N/A N/A 1 May 2014 Neave, Weinberg and Coghlan JJA Monaghan v the Queen [2014] VSCA 82 Pleaded guilty to theft (two charges), burglary (one charge), armed robbery (one charge) and assault of a police officer in due execution of his duty (one charge) Five years and nine months’ imprisonment, non-parole period of three years and nine months Appeal against sentence Allowed Fresh evidence (appellant’s impaired mental functioning) not available to sentencing judge Five years’ imprisonment with a period of three years and six months 1 May 2014 Nettle and Priest JJA trial