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R v McKenna

EN - R v McKenna, R v Benischke - assault on five week old baby

A man was attacked in Maroubra in August 2003, while carrying his baby in a harness across his chest. The baby's skull was fractured during the attack. The four attackers were initially charged for the assault on the father, but not on the baby. The Local Court held that as the attackers were unaware of the presence of the baby they could only be charged for the assault on the father. The four accused were Lloyd Penrice, David Betts, Trent Benischke and Eric McKenna. After a public outcry the Director of Public Prosecutions (DPP) indicted the accused men. They were found guilty in the District Court of the assault on both father and baby. The names of the father, JN, and baby, EN, have been suppressed by the courts although their names may appear in early newspaper reports of the crime.

Finding this case

  • R v McKenna; R v Benischke (2004) 2 DCLR (NSW) 100. The District Court decision of 2004 is not available online. The District Court Law Reports are available in the State Library - you can get a copy of this case by visiting the Library or ordering it from the Library's Document Supply Service
  • R v Trent Benischke [2005] NSWCCA 169, 28 April 2005
  • McKenna v Regina [2007] NSWCCA 113, 18 May 2007

Commentary and media reports

Newspaper articles on Proquest ANZ Newsstand, available remotely to registered clients of the State Library of NSW.  Type in nunes and assault and lloyd penrice OR eric noel mckenna .

A good article available on Proquest is ‘Men to face trial over bashed father and baby’ by Natasha Wallace, Sydney Morning Herald, 19 November 2004, page 4.

Legal information at the Library

This guide has been developed by staff of the Legal Information Access Centre (LIAC), State Library of NSW. The State Library holds an extensive collection of case law, legislation and looseleaf publications.

Name of victim

EN

Criminal justice issues

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