R v Kenny

The case of R v Kenny involved the defendant, Jason Mark John Kenny, who was convicted of committing an indecent act on a child under 12 years of age. The matter was heard in the High Court of New Zealand, Wellington Registry. The Crown counsel, G A Kelly, represented the prosecution, while M Bott represented the defendant. Sentencing occurred on October 23, 2013.

The primary legal issues addressed by the court included determining the appropriate starting point for the sentence, considering the factors that warranted an uplift in the sentence, and applying the appropriate discount for the defendant's guilty plea. The court had to balance these considerations with the defendant's previous history of sexual offending, his breach of parole, and the nature and seriousness of the current offence.

The court found that the starting point for the sentence was 20 months' imprisonment, taking into account that the defendant was in a position of trust and the abuse involved a very young child. An uplift of four months was justified due to the defendant's previous history of similar offending, and an additional two-month uplift was considered appropriate for the breach of parole. The court discounted the start sentence by 15 per cent, resulting in a final sentence of 22 months' imprisonment. The court deemed home detention inappropriate due to the defendant's past suggesting a continuing high risk.

The final orders of the court were that the defendant, Jason Mark John Kenny, was sentenced to 22 months' imprisonment on the charge of committing an indecent act on a child under 12 years of age. Additionally, the court issued a first strike warning, outlining the consequences of future convictions for serious violent offences.