Kennedy v R [2016] NSWCCA 123

Kennedy v R [2016] NSWCCA 123

The appeal was dismissed because the sentencing judge made no appellable error in treating the offence as at least at the upper end of the mid-range of objective seriousness, adequately accounted for the taunting and provocative conduct, and the mistaken reference suggesting death was an obvious slip. The judge was entitled to find that the applicant substantially appreciated the gravity and consequences of pursuing and stabbing a 15-year-old in the chest, and to give weight to deterrence, denunciation and community protection. The sentence of 6 years 6 months with a non-parole period of 3 years 6 months, after a 10 per cent discount for the guilty plea and with special circumstances...

Jurisdiction
Australia
Judgment Date
23 June 2016
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['wound With Intent to Cause Grievous Bodily Harm' 'objective Seriousness' 'provocation' 'moral Culpability' 'general and Specific Deterrence' 'denunciation' 'manifest Excess']
['criminal Law' 'sentencing'] ['wound With Intent to Cause Grievous Bodily Harm' 'objective Seriousness' 'provocation' 'moral Culpability' 'general and Specific Deterrence' 'denunciation' 'manifest Excess']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessing the objective seriousness of the offence as at least at the upper end of the mid-range.' "Whether the sentencing judge erred in finding that the applicant's moral culpability was not significantly diminished by his background and psychological conditions." 'Whether the sentencing judge erred in finding no significant diminution of the requirements for general deterrence, specific deterrence or denunciation.' 'Whether the sentence imposed was manifestly excessive.']

Ratio Decidendi

The appeal was dismissed because the sentencing judge made no appellable error in treating the offence as at least at the upper end of the mid-range of objective seriousness, adequately accounted for the taunting and provocative conduct, and the mistaken reference suggesting death was an obvious slip. The judge was entitled to find that the applicant substantially appreciated the gravity and consequences of pursuing and stabbing a 15-year-old in the chest, and to give weight to deterrence, denunciation and community protection. The sentence of 6 years 6 months with a non-parole period of 3 years 6 months, after a 10 per cent discount for the guilty plea and with special circumstances...

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Leave to appeal against sentence granted.' 'Appeal dismissed.']