Kennedy v R [2016] NSWCCA 123

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Kennedy v R [2016] NSWCCA 123 Hearing dates: 4 May 2016 Decision date: 23 June 2016 Before: Leeming JA at [1]; R A Hulme J at [2]; R S Hulme AJ at [50] Decision: 1. Leave to appeal against sentence granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW – appeal against sentence – wound with intent to cause grievous bodily harm – no error in assessment of objective seriousness – provocative conduct appropriately taken into account – obvious "slip" referring to death of victim did not affect assessment – no error in finding moral culpability not significantly diminished due to applicant's background – no error in finding no significant diminution for requirements of general and specific deterrence or denunciation – applicant appreciated gravity and consequences of conduct – sentence not manifestly excessive – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) s 33(1) Crimes (Sentencing Procedure) Act 1999 (NSW) s 21A, 44 Cases Cited: Kentwell v R [2014] HCA37; 252 CLR 601 Mulato v R [2006] NSWCCA 282 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 R v Baker [2000] NSWCCA 85 R v Millwood [2012] NSWCCA 2 R v Wright (1997) 93 A Crim R 48 Category: Principal judgment Parties: Damien James Kennedy (Applicant) Regina (Respondent) Representation: Counsel: Ms H Cox (Applicant) Ms M Cinque SC (Crown)