R v Kennedy [2015] NSWSC 327

R v Kennedy [2015] NSWSC 327

The offender is criminally liable for the murder of Mr. Davies as a participant in a joint criminal enterprise to commit aggravated robbery resulting in death, with high moral culpability; sentence is determined having regard to the gravity of the offence, precedent, parity with co-offenders, limited mitigation for youth and background, and only minimal utilitarian discount for the late guilty plea.

Jurisdiction
Australia
Judgment Date
27 March 2015
Procedural Posture
Criminal / Sentence
Outcome
conviction and sentence
Legal Topics
['murder' 'joint Criminal Enterprise' 'aggravated Robbery' 'constructive Murder' 'sentencing']
['criminal Law'] ['murder' 'joint Criminal Enterprise' 'aggravated Robbery' 'constructive Murder' 'sentencing']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ["Sentencing for murder under joint criminal enterprise and constructive murder principles; Application of parity in sentencing co-offenders; Impact of plea of guilty and its withdrawal; Consideration of offender's background and mitigating factors"]

Ratio Decidendi

The offender is criminally liable for the murder of Mr. Davies as a participant in a joint criminal enterprise to commit aggravated robbery resulting in death, with high moral culpability; sentence is determined having regard to the gravity of the offence, precedent, parity with co-offenders, limited mitigation for youth and background, and only minimal utilitarian discount for the late guilty plea.

Court Disposition

conviction and sentence

Orders

  • ['Raymond Anthony Kennedy convicted of murder.' 'Sentenced to imprisonment for 21 years from 2 July 2012 to 1 July 2033.' 'Non-parole period of 15 years and 9 months expiring 1 April 2028.' 'Earliest release to parole is 1 April 2028.']