Kenny v R [2020] NSWDC 800

Kenny v R [2020] NSWDC 800

The appeal was dismissed because the imposition of CCOs with supervision was found to be necessary given the appellant's history, ongoing risks, need for assistance, and the seriousness of the breach; a CRO would not adequately reflect the criminality.

Jurisdiction
Australia
Judgment Date
17 November 2020
Procedural Posture
Criminal Appeal / Appeal Against Severity of Sentence
Outcome
Appeal dismissed
Legal Topics
['appeal Against Severity of Sentence' 'community Corrections Order (cco)' 'conditional Release Order (cro)' 'apprehended Domestic Violence Order (advo) Breach']
['criminal Law'] ['appeal Against Severity of Sentence' 'community Corrections Order (cco)' 'conditional Release Order (cro)' 'apprehended Domestic Violence Order (advo) Breach']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Severity of Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed (CCOs for breaches of ADVO) was too severe' 'Whether a conditional release order (CRO) with conviction would be appropriate instead of a CCO']

Ratio Decidendi

The appeal was dismissed because the imposition of CCOs with supervision was found to be necessary given the appellant's history, ongoing risks, need for assistance, and the seriousness of the breach; a CRO would not adequately reflect the criminality.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal against severity of sentence is dismissed.' 'Community corrections orders for a period of 18 months requiring the offender to be supervised by community corrections at Tweed Heads remain in place.']