Kenny v R [2010] NSWCCA 6

Kenny v R [2010] NSWCCA 6

The sentencing judge did not err in treating the applicant's use of an Internet chat room for persons aged 15 to 18 and the planned meeting and sexual activity as aggravating circumstances, notwithstanding that the applicant may have held an unreasonable belief that the complainant was 16. The offences were not spontaneous and were committed after deliberate conduct that exposed under-aged children to risk. The sentencing judge was also entitled to decline to treat the applicant's ordinary public humiliation and asserted political consequences as extra-curial punishment, and no ground of appeal was made out.

Jurisdiction
Australia
Judgment Date
12 February 2010
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sexual Intercourse With Child Under 16' 'aggravating Factors' 'use of the Internet' 'planning of Offence' 'public Humiliation' 'extra Curial Punishment' 'good Character' 'general Deterrence']
['criminal Law' 'sentencing'] ['sexual Intercourse With Child Under 16' 'aggravating Factors' 'use of the Internet' 'planning of Offence' 'public Humiliation' 'extra Curial Punishment' 'good Character' 'general Deterrence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

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

Legal Issues

  1. 1 ["Whether the sentencing judge erred in treating the applicant's use of an Internet chat room to contact and arrange to meet the complainant as an aggravating factor." 'Whether the sentencing judge erred in treating the offences as involving planning that aggravated the offending.' "Whether the sentencing judge erred in declining to treat the applicant's public humiliation or loss of public standing as extra-curial punishment mitigating sentence."]

Ratio Decidendi

The sentencing judge did not err in treating the applicant's use of an Internet chat room for persons aged 15 to 18 and the planned meeting and sexual activity as aggravating circumstances, notwithstanding that the applicant may have held an unreasonable belief that the complainant was 16. The offences were not spontaneous and were committed after deliberate conduct that exposed under-aged children to risk. The sentencing judge was also entitled to decline to treat the applicant's ordinary public humiliation and asserted political consequences as extra-curial punishment, and no ground of appeal was made out.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal is granted but the appeal is dismissed.']