R v KENNEDY [2011] NSWDC 223

R v KENNEDY [2011] NSWDC 223

Although the offender's traumatic history, post-traumatic stress disorder, physical frailty, age, long delay since offending, absence of further offending, and the historic sentencing tariff reduced the weight of some sentencing considerations and justified special circumstances, the gravity of the sexual offending against child complainants, the harm caused, the offender's knowledge that his conduct was wrong, and the need for retribution and general deterrence required a substantial sentence of full-time imprisonment.

Jurisdiction
Australia
Judgment Date
14 December 2011
Procedural Posture
Criminal Sentence / Sentence Following Pleas of Guilty to Two Indictment Offences and Admissions to Form 1 Matters
Outcome
Sentenced to imprisonment for an effective non-parole period of 3 years and a further parole eligibility period of 2 years, making a total effective sentence of 5 years.
Legal Topics
['act of Indecency' 'sexual Intercourse With a Person Above the Age of 10 Years and Under 16 Years' 'aggravated Sexual Intercourse' 'form 1 Matters' 'historic Child Sexual Offences' 'victim Impact Statements' 'post Traumatic Stress Disorder' 'general Deterrence' 'specific Deterrence' 'special Circumstances']
['criminal Law' 'sentencing'] ['act of Indecency' 'sexual Intercourse With a Person Above the Age of 10 Years and Under 16 Years' 'aggravated Sexual Intercourse' 'form 1 Matters' 'historic Child Sexual Offences' 'victim Impact Statements' 'post Traumatic Stress Disorder' 'general Deterrence' 'specific Deterrence' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentence Following Pleas of Guilty to Two Indictment Offences and Admissions to Form 1 Matters

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's historic sexual offences against two child complainants, taking into account the Form 1 matters." "What weight should be given to the offender's post-traumatic stress disorder, physical frailty, age, alcoholism at the time of offending, and personal history." 'What effect the long delay since the offences and absence of further offending should have on specific deterrence.' 'Whether sentencing should proceed by reference to the tariff and maximum penalties that existed at the time of the offences.' 'Whether special circumstances should be found.']

Ratio Decidendi

Although the offender's traumatic history, post-traumatic stress disorder, physical frailty, age, long delay since offending, absence of further offending, and the historic sentencing tariff reduced the weight of some sentencing considerations and justified special circumstances, the gravity of the sexual offending against child complainants, the harm caused, the offender's knowledge that his conduct was wrong, and the need for retribution and general deterrence required a substantial sentence of full-time imprisonment.

Court Disposition

Sentenced to imprisonment for an effective non-parole period of 3 years and a further parole eligibility period of 2 years, making a total effective sentence of 5 years.

Orders

  • ['There is to be no publication of the names of the complainants or of any material which may tend to identify the complainants.' 'On count 1, taking into account the Form 1 matters attaching to that count, the offender is sentenced to imprisonment for a fixed term of 18 months from 14 December 2011.' 'On count 2,...