R v KENNEDY [2000] NSWSC 109

R v KENNEDY [2000] NSWSC 109

Due to the extraordinary and prolonged domestic violence suffered by the prisoner, her lack of intent to cause death or serious injury, genuine remorse, and risk of self-harm, the case was exceptional. A custodial sentence was not required to serve justice or deter similar crimes. Sentence was deferred under s 558 Crimes Act, with the prisoner to enter into a recognisance and be subject to supervision and counselling.

Jurisdiction
Australia
Judgment Date
01 March 2000
Procedural Posture
Criminal / Sentence
Outcome
Sentence deferred; recognisance imposed in lieu of custody.
Legal Topics
['manslaughter' 'domestic Violence' 'sentencing' 'deferred Sentence' 'recognisance']
['criminal Law'] ['manslaughter' 'domestic Violence' 'sentencing' 'deferred Sentence' 'recognisance']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriateness of custodial versus non-custodial sentence for manslaughter in context of prolonged domestic violence' 'Extent to which history of domestic abuse mitigates sentence for manslaughter lacking intent to kill or to cause grievous bodily harm' 'Application of s 558 Crimes Act to defer sentencing']

Ratio Decidendi

Due to the extraordinary and prolonged domestic violence suffered by the prisoner, her lack of intent to cause death or serious injury, genuine remorse, and risk of self-harm, the case was exceptional. A custodial sentence was not required to serve justice or deter similar crimes. Sentence was deferred under s 558 Crimes Act, with the prisoner to enter into a recognisance and be subject to supervision and counselling.

Court Disposition

Sentence deferred; recognisance imposed in lieu of custody.

Orders

  • ['The prisoner is to enter into a recognisance in the sum of $5,000 without surety to be of good behaviour for four years and to be liable to be called up for sentence for any breach within that period.' 'Within forty-eight hours after release, prisoner to report to Probation and Parole Service at Dubbo and accept...