Regina v Kennedy [2000] NSWCCA 527

Regina v Kennedy [2000] NSWCCA 527

Although the applicant was entitled to full weight for his prior good character because the offences occurred on a single day in peculiar circumstances and were aberrant, the objective seriousness of the offences, including the complainant's age, the applicant's age, the sexual conduct in the motel room, the involvement of Colby, and the exploitation of the complainant's vulnerable position, fully justified the concurrent sentences imposed; no lesser sentence should be imposed.

Jurisdiction
Australia
Judgment Date
13 December 2000
Procedural Posture
Criminal Application for Leave to Appeal Against Sentence / Court of Criminal Appeal After District Court Jury Conviction and Sentence
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['sexual Intercourse With Child Between 10 and 16 Years' 'prior Good Character in Sentencing' 'general Deterrence' 'objective Seriousness' 'child Sexual Offences']
['criminal Law' 'sentencing'] ['sexual Intercourse With Child Between 10 and 16 Years' 'prior Good Character in Sentencing' 'general Deterrence' 'objective Seriousness' 'child Sexual Offences']

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Application for Leave to Appeal Against Sentence / Court of Criminal Appeal After District Court Jury Conviction and Sentence

Legal Issues

  1. 1 ['Whether leave to appeal against sentence should be granted.' 'Whether the sentences imposed for five offences under s 66C(1) of the Crimes Act were outside the range of the sentencing discretion.' "Whether the sentencing judge erred by giving less weight to the applicant's prior good character and references in a case of this kind."]

Ratio Decidendi

Although the applicant was entitled to full weight for his prior good character because the offences occurred on a single day in peculiar circumstances and were aberrant, the objective seriousness of the offences, including the complainant's age, the applicant's age, the sexual conduct in the motel room, the involvement of Colby, and the exploitation of the complainant's vulnerable position, fully justified the concurrent sentences imposed; no lesser sentence should be imposed.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

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