R v Kemp [1999] NSWCCA 404

New South Wales Court of Criminal Appeal CITATION : R v Kemp [1999] NSWCCA 404 FILE NUMBER(S) : CCA 60839/99 HEARING DATE(S) : 06/12/99 JUDGMENT DATE : 6 December 1999

PARTIES : Regina v Kevin James Kemp JUDGMENT OF : James J; Sperling J

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/11/0036 LOWER COURT JUDICIAL OFFICER : McGuire DCJ

COUNSEL : LMB Lamprati (Crown) SR Norrish QC (Applicant) SOLICITORS : SE O'Connor (Crown) Crighton-Browne's (Applicant) CATCHWORDS : Criminal Law and Procedure: DECISION : Leave to appeal against sentence granted - Appeal Dismissed

IN THE COURT OF CRIMINAL APPEAL

060839/98 JAMES J SPERLING J Monday 6 December 1999.

REGINA v KEVIN JAMES KEMP. JUDGMENT

1 JAMES J: Kevin James Kemp has applied for leave to appeal against sentences imposed on him in the District Court by his Honour Judge McGuire on 11 December 1998, after he had pleaded guilty to: (1) a charge of supplying a prohibited drug, heroin, between 8 May 1996 and 25 June 1997. (2) a charge of supplying not less than a commercial quantity of a prohibited drug, methylamphetamine, on 24 June 1997.

2 The maximum penalty for the first offence is imprisonment for fifteen years or a fine of $200,000 or both; the maximum penalty for the second offence is imprisonment for twenty years or a fine of $350,000 or both.

3 In sentencing the applicant for the offence of supplying not less than a commercial quantity of methylamphetamine, the sentencing judge took into account ten further offences, including three drug offences namely supplying a small quantity of cocaine, possessing a small quantity of cocaine and possession of cannabis. The other offences included three offences of failure to appear and three offences of fraudulent personation.