R v Kennedy [2023] NSWDC 579

District Court New South Wales

Medium Neutral Citation: R v Kennedy [2023] NSWDC 579 Hearing dates: 15 August 2023 Decision date: 18 August 2023 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted of each offence. Special circumstances found – Bugmy factors; need for a longer period of supervision in the community to assist the offender to resolve his problems of drug addiction & institutionalisation. Indicative sentences: 011- 9 months - with 6 months NPP 014 - 4 years - with 2 years & 9 months NPP 015 - 3 years Aggregate sentence: Sentenced to a term of imprisonment of 5 years with a non-parole period of 3 years commencing on 16 August 2022 and expiring on 15 August 2025 and a balance of term of 2 years to commence on 16 August 2025 and to expire on 15 August 2027. Catchwords: CRIMINAL – sentence - possess or use a prohibited weapon without permit, a taser-type device - supply prohibited drug, more than commercial quantity - supply prohibited drug, more than an indictable quantity but less than a commercial quantity – role of offender as operator of drug supply syndicate and employer/supervisor of his associates – subjective matters Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drugs Misuse and Trafficking Act 1985 Prevention of Cruelty to Animals Regulation 2012 - Reg 408 Weapons Prohibition Act 1998 Cases Cited: Bugmy v The Queen [2013] CLR 571 Tran v R [2010] NSWCCA 183 Category: Sentence Parties: Rex Kennedy, Jesse Representation: Counsel: Defence: Ms S Carr Solicitors: ODPP: Ms L Shepherd Defence: Ms J Panapa Macarthur Law Group File Number(s): 2022/0098699