R v KENNEDY [2019] NSWDC 466

R v KENNEDY [2019] NSWDC 466

The sentence for sexual intercourse with a child under 10 is reduced from the norm due to substantial evidence of mild intellectual disability and psychotic illness causally contributing to offending, thus reducing moral culpability and making the offender inappropriate for general deterrence. Special circumstances found, resulting in non-parole period considerably less than usual for the offence, with concurrent sentences imposed for both counts.

Jurisdiction
Australia
Judgment Date
05 September 2019
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced
Legal Topics
['sentencing' 'sexual Offences' 'intellectual Disability' 'psychotic Illness' 'special Circumstances']
['criminal Law'] ['sentencing' 'sexual Offences' 'intellectual Disability' 'psychotic Illness' 'special Circumstances']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for sexual intercourse with a child under 10 in circumstances of mild intellectual impairment and psychotic illness' 'Objective seriousness of offences with intellectual disability' 'Moral culpability and general deterrence where there is intellectual impairment and mental illness' 'Application of special circumstances for parole']

Ratio Decidendi

The sentence for sexual intercourse with a child under 10 is reduced from the norm due to substantial evidence of mild intellectual disability and psychotic illness causally contributing to offending, thus reducing moral culpability and making the offender inappropriate for general deterrence. Special circumstances found, resulting in non-parole period considerably less than usual for the offence, with concurrent sentences imposed for both counts.

Court Disposition

Convicted and sentenced

Orders

  • ['Offender convicted of both charges pleaded to.' 'For break, enter and commit serious indictable offence (aggravated indecent assault): 18 months imprisonment, wholly concurrent, commencing 16 January 2018 and expired 15 July 2019.' 'For sexual intercourse with child under 10 (including Form 1 offences): 9 years...