Kennedy v R [2013] NSWCCA 19

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Kennedy v R [2013] NSWCCA 19 Hearing dates: 11 December 2012 Decision date: 13 February 2013 Before: Simpson J at [1] Fullerton J at [2] Davies J at [3] Decision: The following Orders were made on 11 December 2012: 1. Grant leave to appeal 2. Appeal allowed. 3. Quash the sentence imposed by Judge Nicholson SC. 4. In lieu thereof sentence the Appellant as follows: a. In respect of Count 1, a non-parole period of 18 months to commence 26 May 2011 and expire 25 November 2012 with an additional term of 15 months to expire 25 February 2014. b. In respect of Count 2, imprisonment for a fixed term of 12 months to commence 26 May 2011 and expire 25 May 2012. c. In respect of the Section 166 Certificate offence, imprisonment for a fixed term of 15 months to commence 26 May 2011 and expire 25 August 2012. 5. In respect of Count 1 direct that the Appellant be released on parole immediately on the following condition: That he accept the supervision of the Probation and Parole Service for as long as the Service deems necessary but for a period not less than nine months. Catchwords: CRIMINAL LAW - sentence - enter dwelling with intent to commit serious indictable offence - aggravated robbery - parity principle - co-offender with more serious criminal record - co-offender on conditional liberty at time of offences Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Green v The Queen; Quinn v The Queen [2011] HCA 49; (2011) 244 CLR 462 Postiglione v R (1997) 189 CLR 295 Veen v The Queen (No. 2) (1987) 164 CLR 465 Category: Principal judgment Parties: Steven Allen Kennedy (Applicant) Crown Representation: Counsel: D Barrow (Applicant) M Cinque & L Mathias (Crown) Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2011/173432 Decision under appeal Date of Decision: 2012-06-01 00:00:00 Before: Nicholson DCJ File Number(s): 2011/173432