R v Ian David KENNEDY [2008] NSWSC 703

New South Wales Supreme Court

CITATION : R v Ian David KENNEDY [2008] NSWSC 703

HEARING DATE(S) : 20 June 2008

JUDGMENT DATE : 11 July 2008

JUDGMENT OF : Fullerton J

DECISION : 1. I sentence the offender to a non-parole period of 4 years commencing on 28 July 2006 as the date of arrest and the commencement of pre-trial custody and expiring on 27 July 2010 with a balance of term of 2 years expiring on 27 July 2012. 2. The earliest date upon which the offender is eligible to be released to parole is 27 January 2010.

CATCHWORDS : CRIMINAL LAW - sentence - manslaughter by unlawful and dangerous act - intoxication and underlying brain damage - prospects of rehabilitation - finding of special circumstances

LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999

CATEGORY : Principal judgment

R v Forbes [2005] NSWCCA 377; 160 A Crim R 1 R v Hamshere [2005] NSWSC 1319 CASES CITED : R v Henry [1999] NSWCCA 111; 46 NSWLR 346 R v Israil [2002] NSWCCA 255 R v Pitt [2005] NSWCCA 304 R v Way [2004] NSWCCA 131; 60 NSWLR 168

PARTIES : Ian David Kennedy (Offender) The Crown

FILE NUMBER(S) : SC 2007/322

COUNSEL : S Siva (Offender) P Lynch (Crown)

SOLICITORS : Jeffreys & Associates (Offender) Director of Public Prosecutions (Crown)

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST

FULLERTON J

11 JULY 2008

2007/322 R v IAN DAVID KENNEDY

JUDGMENT 1 HER HONOUR: On 5 May 2008, the Crown presented an indictment charging the offender, Ian David Kennedy, with the murder of Hassan Youssef. The homicide was alleged to have been committed on 29 June 2006. The cause of death was the combined effects of blunt force injuries to the head of the deceased and multiple stab wounds to his upper back.