R v Kennedy [2015] NSWSC 327

Supreme Court New South Wales

Medium Neutral Citation: R v Kennedy [2015] NSWSC 327 Hearing dates: 13 March 2015 Date of orders: 27 March 2015 Decision date: 27 March 2015 Jurisdiction: Common Law Before: Wilson J Decision: The offender is sentenced to imprisonment for 21 years, to date from 2 July 2012 and expiring on 1 July 2033. There will be a non-parole period of 15 years and 9 months, expiring on 1 April 2028. The earliest date upon which the offender will become eligible for release to parole is 1 April 2028. Catchwords: CRIMINAL LAW – murder – plea of guilty – joint criminal enterprise – aggravated robbery – constructive murder Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Evidence Act 1995 (NSW) Cases Cited: Bugmy v R [2013] HCA 37; 249 CLR 571 Green v The Queen; Quinn v The Queen [2011] HCA 49; 244 CLR 462 R v Quatami [2001] NSWCCA 353; (2001) 127 A Crim R 369 R v Raymond Kennedy [2014] NSWSC 1921 Category: Principal judgment Parties: Regina (Crown) Raymond Anthony Kennedy (Offender) Representation: Counsel: Mr. J. McLennan SC (Crown) Mr M. Johnston (Offender)

Solicitors: Solicitor for Public Prosecutions (Crown) Michael Croke & Co (Offender) File Number(s): 2012/00206026

SEntence 1. On 25 December 2010 siblings Mary Tarr and Doug Davies sat down together for Christmas lunch. There was an empty chair at the table that day which, but for the events of 19 November 2010, would have been taken by Stanley Bruce Davies. That Christmas lunch of 2010 was to have marked the 75th anniversary of Christmas lunches celebrated together by Mrs. Tarr and Stanley Bruce Davies, and another anniversary of such celebrations with their younger brothers. 2. That empty chair is symbolic of the loss of the life of Stanley Bruce Davies to his family and to his community, Mr. Davies having been savagely murdered by three young men who entered his home on the evening of 19 November 2010, and beat him so brutally that he died, one week later, on 26 November 2010. 3. Whilst the magnitude of the loss of Mr. Davies to his siblings, family and friends, and the grief and pain suffered by those who mourn him, cannot aggravate the offender's crime or be relevant to the penalty to be imposed, it goes to illustrate why the community regards the crime of murder as such a serious offence. It is why the Parliament has fixed a maximum penalty of imprisonment for life for this offence, and specified a standard non-parole period of 20 years imprisonment. 4. The Court recognises however that no sentence can compensate the family of Mr. Davies for their loss and their grief at the horror of his death. All the Court can do is extend its deepest sympathy to Mrs. Tarr, Mr. Davies, Mr. Davies, and their family. 5. The offender, Raymond Anthony Kennedy, appears before the Court today to be sentenced for his part in the terrible crime that brought about Mr. Davies' death.