R v Kennedy [2019] NSWDC 359

R v Kennedy [2019] NSWDC 359

The seriousness of multiple, planned, and sophisticated frauds by a professional in a position of trust, over an extended period, involving significant irretrievable financial loss to multiple individual victims, most not of a specially vulnerable class but one who was, and the offender’s prior convictions for similar offences, warrants a lengthy aggregate sentence of imprisonment reflecting the upper range of objective seriousness with no special circumstances to reduce penalty, even considering the offender’s advanced age.

Jurisdiction
Australia
Judgment Date
19 July 2019
Procedural Posture
Criminal / Sentencing
Outcome
Offender convicted on all counts and sentenced to imprisonment.
Legal Topics
['sentencing' 'fraud' 'aggravating and Mitigating Factors' 'breach of Trust' 'aggregate Sentences' 'objective Seriousness']
['criminal Law'] ['sentencing' 'fraud' 'aggravating and Mitigating Factors' 'breach of Trust' 'aggregate Sentences' 'objective Seriousness']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for multiple counts of dishonestly obtaining financial advantage by deception' 'Assessment of aggravating and mitigating factors in sentencing for fraud offences' 'Application of aggregate sentencing and totality principle under Crimes (Sentencing Procedure) Act 1999 (NSW)' 'Extent to which prior convictions for similar offences affect sentencing']

Ratio Decidendi

The seriousness of multiple, planned, and sophisticated frauds by a professional in a position of trust, over an extended period, involving significant irretrievable financial loss to multiple individual victims, most not of a specially vulnerable class but one who was, and the offender’s prior convictions for similar offences, warrants a lengthy aggregate sentence of imprisonment reflecting the upper range of objective seriousness with no special circumstances to reduce penalty, even considering the offender’s advanced age.

Court Disposition

Offender convicted on all counts and sentenced to imprisonment.

Orders

  • ['The offender is convicted on each of the counts set forth in the Indictments.' 'The offender is sentenced to a term of imprisonment of 7 years, with a non-parole period of 5 years and 3 months.' 'The term of imprisonment shall commence on 31 May 2019, and the non-parole period shall expire on 30 August 2024, with...