Mahoney v R [2026] NSWCCA 142

Mahoney v R [2026] NSWCCA 142 concerns an appeal against a sentence of 16 years’ imprisonment, with a 10-year non-parole period, for multiple sexual offences and an assault against a child complainant. The key issues were whether the sentencing judge could find beyond reasonable doubt that penile-vaginal intercourse involving ejaculation was unprotected, and whether the sentence was manifestly excessive. The Court held the finding was reasonably open on the agreed facts, the unchallenged exchange at sentence and the absence of any reference to a condom. Although severe, the sentence properly reflected nine episodes over two years and was not plainly unjust. Time was extended, leave granted, and the appeal dismissed.