R v Kemp; R v Duncan [2018] NSWDC 471

District Court New South Wales

Medium Neutral Citation: R v Kemp; R v Duncan [2018] NSWDC 471 Hearing dates: 29 – 30 November 2018 Date of orders: 30 November 2018 Decision date: 30 November 2018 Jurisdiction: Criminal Before: Neilson DCJ Decision: Kemp: You are convicted. I sentence you to imprisonment. I set a non-parole period of one year and eleven months commencing on 24 August 2018 and expiring on 23 July 2020. I impose a further period of imprisonment of one year and ten months to commence upon the expiration of the non-parole period and expiring on 23 May 2022. The total sentence is therefore three years and nine months comprising the non-parole period and the balance of the sentence. I have found special circumstances. You are eligible to be considered for release to parole at the expiration of the non-parole period. In passing that sentence I have taken into account the matters on the Form 1. I direct that the exhibit 5, the report of Dr Sathish Dayalan, be forwarded by my Associate to the Manager of the Wellington Correctional Centre.

Duncan: You are convicted. I sentence you to imprisonment. I set a non-parole period of one year and eleven months commencing on 27 September 2018 and expiring on 26 August 2020. I impose a further period of imprisonment of one year and ten months to commence upon the expiration of the non-parole period and expiring on 26 June 2022. The total sentence is therefore three years and nine months comprising the non-parole period and the balance of the sentence. I have found special circumstances. You are eligible to be considered for release on parole at the expiration of the non-parole period. In passing that sentence I have taken into account the matters on the Form 1. Catchwords: CRIME – SENTENCE – Armed Robbery in Company – Co-offenders – Joint Criminal Enterprise – Form 1 matters for each offender if other offences on the same day as principal offence. Each offender at conditional liberty at the time. Each offender had social deprivation and disadvantage. Each had a history of AOD abuse. Each had prior criminal convictions. Kemp ought to have had a longer sentence from Duncan, but Kemp's persona circumstances called for greater leniency – PARITY – After 25% discount, sentence of 3 years 9 months NPP 1 year 11 months Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111 Category: Sentence Parties: Regina (Crown) Harley Kevin Kemp (Offender) Ji Wanygo Duncan (Offender) Representation: Counsel: Mr Harper (Crown) Mr E Ozen SC (Offender KEMP) Mr S Tupou (Offender DUNCAN)