Kemp v R [2014] NSWCCA 153

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Kemp v R [2014] NSWCCA 153 Hearing dates: 29 May 2014 Decision date: 11 August 2014 Before: Simpson J at [1] Adams J at [3] McCallum J at [4] Decision: Leave to appeal granted; appeal allowed; sentence imposed for count 2 quashed and in substitution therefore applicant sentenced to a term of imprisonment with a non-parole period of 3 years commencing on 19 August 2013 and expiring on 18 August 2016 and a balance of term of 2 years expiring on 18 August 2018. Catchwords: CRIME - sentence - drug offences - assessment of roles of co-offenders engaged in same drug transactions - parity Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Drug Misuse & Trafficking Act 1985 Cases Cited: R v Simpson [2001] NSWCCA 534; 53 NSWLR 704 Tan v R [2014] NSWCCA 96 Category: Principal judgment Parties: Benjamin Kemp (applicant) Regina (respondent) Representation: Counsel: T Edwards (applicant) P Ingram SC (respondent) Solicitors: Legal Aid (NSW) (applicant) Director of Public Prosecutions (respondent) File Number(s): 2011/268510 Publication restriction: None Decision under appeal Date of Decision: 2013-05-30 00:00:00 Before: Acting Judge Freeman File Number(s): 2011/268510