R v Kennedy - [2000] NSWSC 109

CITATION: R v KENNEDY [2000] NSWSC 109

CURRENT JURISDICTION: Common Law

FILE NUMBER(S): SC 70091/98

HEARING DATE(S): 28/02/2000, 29/02/2000

JUDGMENT DATE: 1 March 2000

PARTIES :

REGINA v Sharon Lea KENNEDY

JUDGMENT OF: Barr J at 1

COUNSEL : Crown: H Hamilton
Prisoner: E Wilson

SOLICITORS: Crown: S E O'Connor
Prisoner: Western Aboriginal Legal Service

LEGISLATION CITED: s 558 Crimes Act

CASES CITED: R v Bogunovich, Maxwell J, 30.5.85, unreported
R v Roberts, David Hunt J, 31.8.89, unreported

DECISION: See paragraphs 61 and 62

THE SUPREME COURT REVISED
OF NEW SOUTH WALES
COMMON LAW DIVISION
GRAHAM BARR J
Wednesday, 1 March 2000
70091/98 - REGINA v Sharon Lea KENNEDY
SENTENCE
1   HIS HONOUR: On 28 February 2000 the prisoner, Sharon Lea Kennedy, pleaded not guilty of the murder of Paul Sharpley but guilty of his manslaughter. The Crown accepted the plea in full discharge of the indictment.
2   The prisoner killed the deceased by inflicting a single knife wound to the chest, penetrating the heart, on the evening of 1 April 1998. In order to explain why that happened it is necessary to relate something of the history of the relationship of the prisoner and the deceased.
3   The prisoner and the deceased were both persons of aboriginal descent. At all material times they and their families and friends lived in Walgett. The deceased’s mother and several members of his family lived at an aboriginal settlement called Namoi Village, just outside the town.
4   The prisoner was born on 19 December 1970. She met the deceased when she was about seventeen and he was about eighteen years of age. Not long after they met, the deceased was sent to serve a period of six months in a juvenile justice detention centre as a result of a part he played in a riot. Whilst he was away, the prisoner stayed with his mother at Namoi Village.
5   The deceased returned and he and the prisoner began living together. He soon gave her a savage beating of a kind that he would frequently repeat during the eleven years they would remain together. From then until the time of his death the deceased punched and kicked the prisoner, pushed her down stairs, threatened to kill her, flogged her with a hose and a tyre inner tube and inflicted all manner of cruelty upon her. Her life was not her own. He frequently punished her for doing things without his permission. He punished her for talking to another man. He would not let her stay away from the house. She could go nowhere unless he approved.
6   He seemed to take pleasure in making her do things which distressed and humiliated her, especially in the presence of his relatives and friends. He cut the throat of a sheep and made her, much against her will, skin and dress it. He made her climb a telegraph pole.
7   He was a very heavy drinker and was often drunk, but it was not only when he…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Kennedy

Details

AGLC: R v Kennedy [2000] NSWSC 109
Case: [2000] NSWSC 109
Decision Date: 1 March 2000

CaseChat Overview and Summary

In the Supreme Court of New South Wales, Sharon Lea Kennedy was charged with the murder of Paul Sharpley, to which she pleaded not guilty but guilty to manslaughter. The court accepted the plea in full discharge of the indictment. The case involved the murder of Paul Sharpley by Sharon Lea Kennedy, who inflicted a single knife wound to his chest, resulting in his death. The relationship between the prisoner and the deceased was marked by prolonged and severe domestic violence. Over an eleven-year period, the deceased repeatedly assaulted, humiliated, and controlled the prisoner, often in the presence of their children and other family members. The prisoner had little recourse for help due to her isolation and the community's inability to intervene effectively.

The legal issues before the court included whether the prisoner acted with the requisite intent to commit murder or manslaughter and what sentence, if any, should be imposed given the circumstances of the case. The court had to consider the impact of the prolonged abuse on the prisoner's mental state and whether her actions were a result of a desperate attempt to protect herself. The Crown argued that the use of the knife should be regarded seriously, while the defence submitted that the prisoner did not intend to cause grievous bodily harm or kill the deceased.

The court found that the prisoner did not plan the attack and acted impulsively in the heat of the moment, driven by a history of severe abuse and the immediate threat of further violence. The court accepted that the prisoner's actions were not premeditated and that she lacked the intent to cause grievous bodily harm or kill the deceased. Considering the exceptional circumstances, the court decided that a non-custodial sentence was appropriate to ensure the prisoner received necessary supervision and continued psychological support. The court deferred passing sentence and ordered the prisoner to enter into a recognisance, subject to conditions including reporting to the Probation and Parole Service for supervision and counselling.

Orders