R v Kennedy [2023] NSWDC 579

R v Kennedy [2023] NSWDC 579

Aggregate sentence appropriate due to differing nature and occasion of offences; special circumstances found due to institutionalisation and drug addiction warrant longer supervision in community; indicative sentences account for discounts and guidance from statutory maximums and aggravating factors; objective and subjective factors considered in setting non-parole period and total sentence.

Parties
Prosecutor: Rex; Defendant: Kennedy, Jesse; Prosecutor: ODPP; Defendant: Macarthur Law Group
Jurisdiction
Australia
Judgment Date
18 August 2023
Procedural Posture
Criminal / Sentence
Outcome
convicted
Legal Topics
Sentencing, Drug Offences, Prohibited Weapons, Aggravating Factors, Special Circumstances, Institutionalisation, Drug Addiction
Criminal Law Sentencing Drug Offences Prohibited Weapons Aggravating Factors Special Circumstances Institutionalisation Drug Addiction

Case Brief

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Parties

Rex

Prosecutor

Kennedy, Jesse

Defendant

ODPP

Prosecutor

Macarthur Law Group

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for possession of prohibited weapon (taser-type device)
  2. 2 Appropriate sentence for supply prohibited drug (commercial quantity of 1,4-butanediol)
  3. 3 Appropriate sentence for supply prohibited drug (indictable quantity of heroin)

Ratio Decidendi

Aggregate sentence appropriate due to differing nature and occasion of offences; special circumstances found due to institutionalisation and drug addiction warrant longer supervision in community; indicative sentences account for discounts and guidance from statutory maximums and aggravating factors; objective and subjective factors considered in setting non-parole period and total sentence.

Court Disposition

convicted

Orders

  • Convicted of each offence.
  • Aggregate sentence: 5 years imprisonment with a non-parole period of 3 years (commencing 16 August 2022, expiring 15 August 2025); balance of term 2 years (expiring 15 August 2027).