R v Kennedy [2019] NSWCCA 242

R v Kennedy [2019] NSWCCA 242

The sentence of 3 years imprisonment to be served by Intensive Correction Order was manifestly inadequate for the range and gravity of Commonwealth wildlife and proceeds of crime offences. The sentence failed to reflect the seriousness of the offending, the maximum penalties, the range of threatened ecological harm, and the need for general deterrence and community protection. A sentence of 4 years' full-time imprisonment, with a non-parole period of 2 years and 6 months, was warranted for the totality of the offending.

Parties
Appellant: Regina; Respondent: Martin Brian Kennedy
Jurisdiction
Australia
Judgment Date
18 October 2019
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; sentence varied
Legal Topics
Sentencing Appeals, Manifest Inadequacy, Wildlife Offences, General Deterrence, Aggregate Sentencing, CITES Specimens, Biodiversity Protection
Criminal Law Environmental Law Sentencing Appeals Manifest Inadequacy Wildlife Offences General Deterrence Aggregate Sentencing CITES Specimens +1 more

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Parties

Regina

Appellant

Martin Brian Kennedy

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the aggregate sentence of 3 years imprisonment by way of Intensive Correction Order was manifestly inadequate for six Commonwealth wildlife and proceeds of crime offences
  2. 2 Whether sentencing principles, including general deterrence, were adequately reflected in the sentence

Ratio Decidendi

The sentence of 3 years imprisonment to be served by Intensive Correction Order was manifestly inadequate for the range and gravity of Commonwealth wildlife and proceeds of crime offences. The sentence failed to reflect the seriousness of the offending, the maximum penalties, the range of threatened ecological harm, and the need for general deterrence and community protection. A sentence of 4 years' full-time imprisonment, with a non-parole period of 2 years and 6 months, was warranted for the totality of the offending.

Court Disposition

Appeal allowed; sentence varied

Orders

  • Set aside the sentence imposed by Grant DCJ on 7 June 2019
  • Impose an aggregate sentence of imprisonment of 4 years