R v Kenworthy [2020] NSWDC 584

R v Kenworthy [2020] NSWDC 584

The Court assessed the offence as towards the lower end of objective seriousness for s95(1), despite the use of a stick, injury to the shopkeeper, and the offender being on bail. The offender was only just an adult, had limited criminal history, genuine remorse, significant deficits in executive decision-making, strong family and employment support, and good rehabilitation prospects. Those subjective factors, together with the impact of pandemic restrictions in custody, constituted special circumstances warranting a reduced non-parole period. After a 25% discount for the guilty plea, the appropriate sentence was full-time imprisonment for 2 years and 3 months with a non-parole period of 1...

Jurisdiction
Australia
Judgment Date
28 September 2020
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea in the Local Court
Outcome
Full time imprisonment imposed.
Legal Topics
['robbery in Circumstances of Aggravation' 'use of Corporal Violence' 'guilty Plea Discount' 'youth and Rehabilitation' 'special Circumstances' 'covid 19 Custody Conditions']
['criminal Law' 'sentencing'] ['robbery in Circumstances of Aggravation' 'use of Corporal Violence' 'guilty Plea Discount' 'youth and Rehabilitation' 'special Circumstances' 'covid 19 Custody Conditions']

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Procedural Posture

Criminal Sentence / Sentence After Guilty Plea in the Local Court

Legal Issues

  1. 1 ['What sentence should be imposed for robbery in circumstances of aggravation, namely the use of corporal violence, contrary to s95(1) Crimes Act NSW 1900.' 'How the guideline judgment in R v Henry (1999) 46 NSWLR 346 should inform sentence for the aggravated robbery offence.' 'Whether aggravating factors under s 21A of the Crimes (Sentencing Procedure) Act 1999, including use of a weapon and being on bail, should affect the sentence.' "Whether the offender's youth, remorse, cognitive functioning, family support, employment prospects, Aboriginal background, intoxication, and the impact of pandemic restrictions in custody justified special circumstances and a reduced non-parole period."]

Ratio Decidendi

The Court assessed the offence as towards the lower end of objective seriousness for s95(1), despite the use of a stick, injury to the shopkeeper, and the offender being on bail. The offender was only just an adult, had limited criminal history, genuine remorse, significant deficits in executive decision-making, strong family and employment support, and good rehabilitation prospects. Those subjective factors, together with the impact of pandemic restrictions in custody, constituted special circumstances warranting a reduced non-parole period. After a 25% discount for the guilty plea, the appropriate sentence was full-time imprisonment for 2 years and 3 months with a non-parole period of 1...

Court Disposition

Full time imprisonment imposed.

Orders

  • ['The offender was sentenced to imprisonment for 2 years and 3 months commencing 15 October 2019.' 'A non-parole period of 1 year was fixed.' 'The offender will be eligible to be considered for release on parole on 14 October 2020.']