The Queen v Mossman

Case

[2017] NTCCA 6

24 July 2017


Details
AGLC Case Decision Date
R v Mossman [2017] NTCCA 6 [2017] NTCCA 6 24 July 2017

CaseChat Overview and Summary

The Queen v Mossman concerned an appeal against sentence by the appellant, who had been convicted of corruptly receiving a benefit in connection with the manner in which he carried out his powers, duties, or functions as an employee of a Minister. The appeal was heard by Grant CJ, Southwood and Hiley JJ.

The central legal issues before the court were whether the sentence imposed was manifestly inadequate, having regard to the circumstances of the offending and the appellant, and whether there was an unjustifiable disparity between the sentence imposed on the appellant and that imposed on a co-offender for similar offending.

The court dismissed the appeal. In doing so, it considered the gravity of the offending and the appellant's role within the ministerial office. The court found that the sentence was not manifestly inadequate and that there was no unjustifiable disparity when compared to the sentence received by the co-offender, implying that the differences in their respective circumstances or roles justified the differing sentences.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Appeal

  • Charge

  • Sentencing

Actions
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Most Recent Citation
Rigby v Benfell [2020] NTCA 9

Cases Citing This Decision

32

Cumberland v The Queen [2020] HCA 21
The King v CH [2024] NTCCA 10
The King v Benning [2022] NTCCA 15
Cases Cited

27

Statutory Material Cited

0

Bara v The Queen [2016] NTCCA 5
R v Hitanaya [2010] NTCCA 3
R v Nguyen [2010] NSWCCA 331