Kennedy v R [2016] NSWCCA 187

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Kennedy v R [2016] NSWCCA 187 Hearing dates: 17 August 2016 Date of orders: 24 August 2016 Decision date: 24 August 2016 Before: Hoeben CJ at CL at [1] Campbell J at [2] Button J at [27] Decision: (1) Grant leave to appeal and allow the appeal; (2) Quash the sentence passed in the District Court on 20 March 2015 and instead sentence the applicant to a term of imprisonment having a non-parole period of 3 years and 4 months commencing on 19 February 2014 and expiring on 18 June 2017 with a balance of term of 1 year and 8 months commencing on 19th June 2017 and expiring on 18 February 2019; (3) The applicant will be first eligible for parole at the expiration of the non-parole period on 18 June 2017. Catchwords: CRIMINAL LAW– appeal against sentence– finding of special circumstances made– where not reflected in sentence–whether error– whether a lesser sentence is warranted Legislation Cited: Drug Misuse and Trafficking Act 1985 (NSW), s 25(2) Crimes (Sentencing Procedure) Act 1999 (NSW), s 44(2) Cases Cited: Caristo v R [2011] NSWCCA 7 Heron v Regina [2006] NSWCCA 215 House v the King [1936] HCA 40; 55 CLR 499 Kentwell v The Queen [2014] HCA 37; 252 CLR 601 Tsakonas v R [2009] NSWCCA 258; 197 A Crim R 581 Veen v the Queen (No 2) [1988] HCA 14; 164 CLR 465 Category: Principal judgment Parties: Clint Jeffrey Kennedy – Applicant Regina – Respondent Crown Representation: Counsel: S Healy – Applicant S Dowling SC – Respondent Crown