Robert Kennedy: Central west man faces NSW Court of Criminal Appeal after violent attack of partner in 2019

A central west man who held his partner captive for more than nine hours and threatened to burn her eyes with a lit cigarette has appealed his sentence in court. See the verdict.

A violent man from the central west who threatened to kill his long-term partner — while assaulting her multiple times and keeping her against her will — has had his sentence backdated in court.

Robert Kennedy, a man in his thirties, fronted the NSW Court of Criminal Appeal in September, seeking to backdate his sentence of seven years.

Kennedy was sentenced in Dubbo District Court last year, after pleading guilty to detaining a person without their consent with intent to obtain an advantage and occasion actual bodily harm.

Ultimately, justices Peter Garling, Natalie Adams and Christine Adamson last week set aside the sentence imposed by Judge Nanette Williams, allowing for a correction to the start date.

Robert Kennedy was sentenced to seven years in prison last year in Dubbo District Court.

The court heard that Kennedy and the victim had been in an intimate relationship “with some gaps”, for a period of 14 years.

However, at the time of the offence, Kennedy was subjected to an Apprehended Domestic Violence Order, in favour of the victim.

According to the judgment, on February 27, 2019, Kennedy - who was living at his father’s unit - was with the victim.

As soon as they arrived at the unit, Kennedy “demanded” the victim’s phone, “asking where the ‘app’ was and asking for the PIN to the app”.

The court heard the victim was confused with Kennedy’s question, prompting him to “hit her on the jaw”.

“The victim began to cry and asked him to stop and told him she was scared and wanted to leave,” the judgment said. “The applicant kept searching the victim’s phone and kept her car keys so that she could not leave.”

Kennedy again punched the victim in the head and threatened to burn her eyes with a lit cigarette as she begged to leave.

Later, Kennedy was stopped by police but out of fear for her safety she “did not say anything to police”.

They returned to the unit before Kennedy repeatedly punched the victim’s arm, saying “if you tell me the truth I’ll let you go.“

He then forced the victim into his car, taking her to an area called “Third Island”, demanding her to tell him “the truth” and further saying “get the f**k out of the car, you sl*t”, before hitting her on the head again.

“He pulled her out of the car and kicked her, breaking two of her ribs. He threatened to kill her,” the court heard.

“[Kennedy] found a length of timber … used it to strike the victim on her head. He then picked her up, held her by the neck, and threatened to kill her.”

The victim was so scared “she wet herself”.

Again returning to the unit, Kennedy punched the victim’s head, requesting her to change clothes before police pulled his car over.

The court heard Kennedy’s father made a call to police.

Despite attempting to drive off after the victim gestured to police she was not okay, Kennedy was arrested and entered into custody.

During the September hearing, the justices agreed that Judge Williams “failed to take into account the fact that the offence was not planned” and miscalculated the “commencement date of sentence”.

The justices imposed a new start date on April 23, 2019 which will expire after seven years on April 22, 2026.

Kennedy will be eligible for release on December 22 this year after serving a non-parole period of three years and eight months.