R v Kershaw [2019] NSWDC 912

R v Kershaw [2019] NSWDC 912

Mr Kershaw’s moral culpability is reduced due to his personal history, manipulation by co-offenders, and less involvement in planning. His background and need for ongoing supervision support a finding of special circumstances and justify a utilitarian discount of 15%, resulting in a sentence of imprisonment (3 years and 6 months) with a non-parole period (2 years and 4 months).

Parties
Prosecutor: The Crown; Offender: Matthew Leslie Kershaw
Jurisdiction
Australia
Judgment Date
15 November 2019
Procedural Posture
Criminal / Sentence
Outcome
convicted and sentenced
Legal Topics
Take and Detain in Company, Actual Bodily Harm, Victim With Intellectual Disability, Parity, Conditional Liberty, Planned Offending
Criminal Law Take and Detain in Company Actual Bodily Harm Victim With Intellectual Disability Parity Conditional Liberty Planned Offending

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Parties

The Crown

Prosecutor

Matthew Leslie Kershaw

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Sentencing for take and detain in company with intent to take advantage and occasioning actual bodily harm
  2. 2 Assessment of objective seriousness, moral culpability, and parity among co-offenders
  3. 3 Utilitarian discount for plea of guilty and procedural circumstances

Ratio Decidendi

Mr Kershaw’s moral culpability is reduced due to his personal history, manipulation by co-offenders, and less involvement in planning. His background and need for ongoing supervision support a finding of special circumstances and justify a utilitarian discount of 15%, resulting in a sentence of imprisonment (3 years and 6 months) with a non-parole period (2 years and 4 months).

Court Disposition

convicted and sentenced

Orders

  • The offender is sentenced to imprisonment for a period of 3 years and 6 months, backdated to 22 August 2017 and expiring on 21 February 2021.
  • Non-parole period set at 2 years and 4 months, expiring 21 December 2019.