R v Kennedy [2019] NSWDC 283

R v Kennedy [2019] NSWDC 283

The offences were objectively serious and required an aggregate sentence of imprisonment because they involved deliberate, financially motivated and repeated illegal wildlife importation and exportation, with planning, use of false details, deaths of numerous animals and biodiversity risks. However, the offending was not at the highest level asserted by the Crown, undue cruelty was not proved beyond reasonable doubt, some species were not rare, the possession and money offences were toward the low end, and the offender had pleaded guilty, was genuinely remorseful, had excellent rehabilitation prospects, stable employment and family support, and was assessed as a low risk of reoffending....

Jurisdiction
Australia
Judgment Date
07 June 2019
Procedural Posture
Criminal Sentence for Federal Wildlife Import/export and Proceeds of Crime Offences / Sentence After Guilty Pleas
Outcome
The offender was convicted and sentenced to an aggregate period of imprisonment of three years to be served by way of an intensive correction order commencing 7 June 2019.
Legal Topics
['environment Protection and Biodiversity Conservation Act 1999 Offences' 'importation and Exportation of Protected Fauna' 'cites Specimens' 'regulated Native Specimens' 'regulated Live Specimens' 'proceeds of Crime' 'intensive Correction Orders' 'general Deterrence' 'objective Seriousness' 'undue Cruelty']
['criminal Law' 'sentencing' 'environmental Law' 'commonwealth Offences'] ['environment Protection and Biodiversity Conservation Act 1999 Offences' 'importation and Exportation of Protected Fauna' 'cites Specimens' 'regulated Native Specimens' 'regulated Live Specimens' 'proceeds of Crime' 'intensive Correction Orders' 'general Deterrence' 'objective Seriousness' 'undue Cruelty']

Case Brief

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Procedural Posture

Criminal Sentence for Federal Wildlife Import/export and Proceeds of Crime Offences / Sentence After Guilty Pleas

Legal Issues

  1. 1 ['What sentence was appropriate for six federal offences involving attempted export of regulated native specimens, import and attempted import of regulated live specimens, possession of CITES specimens and dealing with suspected proceeds of crime.' 'Whether the offences warranted imprisonment and whether the aggregate sentence should be served by full-time custody or by way of an intensive correction order.' "How objective seriousness should be assessed having regard to the offender's role, financial motive, sophistication, cruelty, number and rarity of specimens, harm to specimens and ecological risk." "Whether the offender's prospects of rehabilitation, remorse and guilty pleas justified a community-based custodial order."]

Ratio Decidendi

The offences were objectively serious and required an aggregate sentence of imprisonment because they involved deliberate, financially motivated and repeated illegal wildlife importation and exportation, with planning, use of false details, deaths of numerous animals and biodiversity risks. However, the offending was not at the highest level asserted by the Crown, undue cruelty was not proved beyond reasonable doubt, some species were not rare, the possession and money offences were toward the low end, and the offender had pleaded guilty, was genuinely remorseful, had excellent rehabilitation prospects, stable employment and family support, and was assessed as a low risk of reoffending....

Court Disposition

The offender was convicted and sentenced to an aggregate period of imprisonment of three years to be served by way of an intensive correction order commencing 7 June 2019.

Orders

  • ['Martin James Kennedy is convicted.' 'An aggregate period of imprisonment of three years is to be served by way of an intensive correction order commencing 7 June 2019.' 'The offender must not commit any offence.' 'The offender must perform 700 hours of community service work.' 'The offender is to abstain from...