R v Kelly [2020] NSWDC 349

R v Kelly [2020] NSWDC 349

Given the seriousness of the offence of entering land with intent to commit a serious indictable offence while having a previous conviction, along with aggravating factors including commission of the offence while on parole and significant criminal history, imprisonment was the only appropriate penalty. A three-year term was imposed, partially backdated to account for time in custody, and injury received was taken into account as extra-curial punishment to a minor degree.

Parties
Prosecutor: Regina; Accused: Kelly, Peter Dezmond
Jurisdiction
Australia
Judgment Date
09 April 2020
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Sentence, Enter Land With Intent to Commit Serious Indictable Offence, Previous Conviction, Form 1 Matter, Common Assault, Mitigating and Aggravating Factors, Rehabilitation, Parole, Extra Curial Punishment
Criminal Law Sentence Enter Land With Intent to Commit Serious Indictable Offence Previous Conviction Form 1 Matter Common Assault Mitigating and Aggravating Factors Rehabilitation +2 more

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Parties

Regina

Prosecutor

Kelly, Peter Dezmond

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for entering land with intent to commit serious indictable offence, having a previous conviction?
  2. 2 Should extra-curial punishment (injuries sustained during the commission of offence) be considered in sentencing?
  3. 3 What is the significance of the offender's criminal history and likelihood of rehabilitation?

Ratio Decidendi

Given the seriousness of the offence of entering land with intent to commit a serious indictable offence while having a previous conviction, along with aggravating factors including commission of the offence while on parole and significant criminal history, imprisonment was the only appropriate penalty. A three-year term was imposed, partially backdated to account for time in custody, and injury received was taken into account as extra-curial punishment to a minor degree.

Court Disposition

convicted and sentenced

Orders

  • Peter Kelly convicted of entering land with intent to commit a serious indictable offence, contrary to s 115 Crimes Act 1900.
  • Form 1 matter of common assault taken into account.