Kember v R [2020] NSWCCA 152

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Kember v R [2020] NSWCCA 152 Hearing dates: 3 June 2020 Date of orders: 10 July 2020 Decision date: 10 July 2020 Before: Simpson AJA at [1] Bellew J at [2] Wilson J [82] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – Appeal – Sentence – Firearms offences – Knowingly take part in supply of a pistol to a person not authorised to possess such a firearm – Possess a prohibited weapon – Whether sentencing judge failed to properly consider an Intensive Correction Order as an alternative to full-time custody – Where sentencing judge took into account all relevant matters – No error established – Whether sentencing judge failed to apply the principles of parity in sentencing – Where sentencing judge properly took into account different degrees of criminality of the applicant and the co-offenders – No justifiable sense of grievance arising from sentences imposed upon co-offenders – No need to consider manifest excess – Appeal dismissed CRIMINAL LAW – Practice and procedure – Consideration of the imposition of an Intensive Correction Order – Three step process to be applied in determining whether such an order is appropriate – Where sentencing judge took those steps and had regard to all relevant matters in considering how sentence should be served – No error established Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Firearms Act 1996 (NSW) Weapons Prohibition Act 1998 (NSW) Cases Cited: Attorney-General's Application Under s 37 of the Crimes (Sentencing Procedure) Act 1999 No. 1 of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518 Blanch v R [2019] NSWCCA 304 Brown v R; Reid v R [2006] NSWCCA 144 Campbell v R [2018] NSWCCA 87 Chamon v R [2020] NSWCCA 112 Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49 Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46 Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26 R v Fangaloka [2019] NSWCCA 173 Tatana v R [2006] NSWCCA 398 WM v R [2020] NSWCCA 96 Category: Principal judgment Parties: Shane Alan Kember – Applicant Regina – Respondent Representation: Counsel: J L Glissan QC – Applicant K L Ratcliffe – Crown