Kennedy v R [2017] NSWCCA 193

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Kennedy v R [2017] NSWCCA 193 Hearing dates: 7 August 2017 Date of orders: 16 August 2017 Decision date: 16 August 2017 Before: Macfarlan JA at [1] Davies J at [2] Button J at [100] Decision: (1) Leave to appeal granted.

(2) Appeal dismissed. Catchwords: CRIMINAL LAW – appeals – application to withdraw plea – aggravated sexual intercourse without consent where victim under the authority of the applicant - applicant sexually abused stepdaughter – applicant pleaded guilty – applicant represented by solicitor and counsel when plea entered - whether stepdaughter under the applicant's "authority" – whether applicant still in relationship with victim's mother - nothing to impugn the plea – no miscarriage of justice demonstrated – application to withdraw plea refused

CRIMINAL LAW – appeals – appeal against sentence – four counts of aggravated sexual intercourse without consent - applicant sentenced to aggregate term of 17 years' imprisonment – whether sentencing judge failed to give adequate weight to applicant's expression of remorse – whether sentencing judge failed to assess the level of objective seriousness of the offences – whether the sentencing judge erred in categorising charges as offences against a child – whether sentencing judge erred in finding that offences took place in victim's home and that this was an aggravating factor – whether sentence is manifestly excessive – no error of law or principle demonstrated – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Delaney v R; R v Delaney [2013] NSWCCA 150 Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 Jonson v R [2016] NSWCCA 286 Khamis v R [2014] NSWCCA 152 Langbein v R [2013] NSWCCA 88 Majid v R [2010] NSWCCA 121 Maxwell v The Queen (1996) 184 CLR 501; [1996] HCA 46 Ming Yuk (Raymond) Wong v Director of Public Prosecutions [2005] NSWSC 129; (2005) 155 A Crim R 37 MM v R [2016] NSWCCA 235 R v Brown [2012] NSWCCA 199 R v Howes (2000) 2 VR 141; [2000] VSCA 159; (2000) 116 A Crim R 249 R v Lulham [2016] NSWCCA 287 R v Miller [2001] NSWCCA 209 R v Van [2002] NSWCCA 148; (2002) 129 A Crim R 229 Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64 Zreika v R [2012] NSWCCA 44 Category: Principal judgment Parties: Roy Noel Kennedy (Applicant) Crown (Respondent) Representation: Counsel: G Jauncey (Applicant) N Adams (Respondent)