NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Kenny v R [2010] NSWCCA 6 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 15/12/2009
JUDGMENT DATE: 12 February 2010
JUDGMENT OF: Basten JA at 1; Howie J at 25; Johnson J at 53
DECISION: Leave to appeal is granted but the appeal is dismissed.
CATCHWORDS: CRIMINAL LAW - sentence - relevant factors - sexual intercourse with child under 16 - whether use of internet and planning of offence constitute aggravating factors - whether public opprobrium or loss of public standing constitute mitigating factors
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 - s 21A(3)(f) Crimes Act 1900 - ss 61M(1), 66C(3)
CATEGORY: Principal judgment
Melbourne v The Queen [1999] HCA 32; 198 CLR 1 Ryan v The Queen [2001] HCA 21; 206 CLR 267 R v Jackson and Hakim (1988) 33 A Crim R 413 R v Hermann (1988) 37 A Crim R 440 CASES CITED : R v Dagwell [2006] NSWCCA 98 R v Allpass (1993) 72 A Crim R 561 R v Cobb [1999] FCA 158; 84 FCR 450 R v Poynder [2007] NSWCCA 157; 171 A Crim R 544 R v King [2009] NSWCCA 117
PARTIES: John Nils Alexander Kenny v Regina
FILE NUMBER(S): CCA 2005/10987
COUNSEL: M M Cinque - Crown S Odgers SC - Applicant
SOLICITORS: S Kavanagh - Crown Watsons Solicitors
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2005/11/0993
LOWER COURT JUDICIAL OFFICER: Blackmore DCJ
LOWER COURT DATE OF DECISION: 13/02/2009
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