R v Kenworthy [2020] NSWDC 572

R v Kenworthy [2020] NSWDC 572

The offence involved a stick, actual violence to a shopkeeper, an amount of $2000-$3000 and offending while on bail, but it was substantially impulsive, involved limited planning, and lay towards the lower end of objective seriousness for s 95(1). The offender's youth, very low executive functioning, intoxication, remorse, family support, rehabilitation prospects and pandemic-related custody restrictions justified special circumstances and a sentence below the Henry guideline range after applying the 25% guilty plea discount.

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

Case Brief

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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.' 'Whether aggravating factors under s 21A of the Crimes (Sentencing Procedure) Act 1999 applied, including use of a weapon and offending while on bail.' "Whether the offender's youth, functioning, remorse, rehabilitation prospects, family support and pandemic-related custody conditions justified special circumstances and a reduced non-parole period."]

Ratio Decidendi

The offence involved a stick, actual violence to a shopkeeper, an amount of $2000-$3000 and offending while on bail, but it was substantially impulsive, involved limited planning, and lay towards the lower end of objective seriousness for s 95(1). The offender's youth, very low executive functioning, intoxication, remorse, family support, rehabilitation prospects and pandemic-related custody restrictions justified special circumstances and a sentence below the Henry guideline range after applying the 25% guilty plea discount.

Court Disposition

Full time imprisonment

Orders

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