Conomy v Maden

The appeal was heard in the Court of Criminal Appeal of New South Wales by Leeming JA, McDougall and Hamill JJ. The appellant, Conomy, sought to appeal against his conviction and sentence for stalking offences under the Crimes (Stalking) Act 1990 (NSW). Conomy was found guilty of stalking Maden over a period of approximately two years. The court was tasked with assessing whether the evidence was sufficient to support the conviction and whether the sentence was appropriate.

The key legal issues involved determining whether the prosecution had proved beyond reasonable doubt that Conomy's actions constituted stalking, and if so, whether the sentence imposed was excessive or inappropriate. The court had to consider the nature and extent of the behaviour alleged, the impact on the victim, and the criteria for imposing a sentence. The court examined the statutory definition of stalking and the specific facts of the case, including the frequency, nature, and impact of Conomy's conduct on Maden.

Leeming JA, with whom McDougall and Hamill JJ agreed, held that the evidence was sufficient to support the conviction. The court found that Conomy's conduct, which included following Maden, sending unwanted messages, and making threats, met the statutory definition of stalking. The court also concluded that the sentence of a 12-month good behaviour bond was appropriate given the circumstances of the case. The appeal was dismissed.