R v Kenworthy [2020] NSWDC 584

District Court New South Wales

Medium Neutral Citation: R v Kenworthy [2020] NSWDC 584 Hearing dates: 13 August 2020; 4 September 2020; 28 September 2020 Date of orders: 28 September 2020 Decision date: 28 September 2020 Jurisdiction: Criminal Before: ADAMS QC ADCJ Decision: Full time imprisonment Catchwords: CRIME - robbery in circumstances of aggravation, namely the use of corporal violence Legislation Cited: Children (Criminal Proceedings) Act 1987 Crimes Act NSW 1900 Cases Cited: R v Henry (1999) 46 NSWLR 346 Category: Sentence Parties: Office of Public Prosecution (Crown) Karim + Nicol Lawyers (Accused) Representation: Counsel: S Climo of Counsel (Accused)

Solicitors: K Bombell, Solicitor (Crown) N Karim, Solicitor (Accused) File Number(s): 2019/322982 Publication restriction: None

Judgment

Introduction 1. The offender Kyle Kenworthy is before the Court for sentence for the offence of robbery in circumstances of aggravation, namely the use of corporal violence, contrary to s95(1) Crimes Act NSW 1900, which carries a maximum punishment of imprisonment for 20 years. There is no standard non parole period. He pleaded guilty in the Local Court and is entitled to a discount of 25% in respect of any sentence of imprisonment that may be imposed. The offender has spent 10 months in presentence custody for this matter, which must be taken into account. As will be seen, the offender is presently subject to a Control Order pursuant to s 33(1)(g) of the Children (Criminal Proceedings) Act 1987 commencing on 29 January 2020 and ending 13 December 2020, with a non-parole period of 6 months and 9 days, ending on 6 August 2020.)