R v Kember [2020] NSWDC 101

R v Kember [2020] NSWDC 101

The offender, by knowingly arranging and facilitating the unlawful supply of a Ruger pistol, played an active and central role in the transaction, and the objective seriousness of his conduct and the necessity for general and specific deterrence require a full-term custodial sentence; mitigating factors and special circumstances support a sentence below the standard non-parole period but not a community-based alternative.

Parties
Offender: Shane Kember; Prosecution: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
14 February 2020
Procedural Posture
Sentence / Sentencing After Guilty Plea; Factual Dispute Hearing
Outcome
Aggregate sentence of imprisonment; custodial sentence
Legal Topics
Sentencing, Firearms Offences, Prohibited Weapons, Guilty Pleas, Parity, Fact Finding, Aggregate Sentence
Criminal Law Sentencing Firearms Offences Prohibited Weapons Guilty Pleas Parity Fact Finding Aggregate Sentence

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Parties

Shane Kember

Offender

Director of Public Prosecutions

Prosecution

Procedural Posture

Sentence / Sentencing After Guilty Plea; Factual Dispute Hearing

Legal Issues

  1. 1 Appropriate sentence for firearm and prohibited weapon offences
  2. 2 Resolution of factual dispute concerning supply of Ruger pistol
  3. 3 Applicability of Intensive Corrections Order

Ratio Decidendi

The offender, by knowingly arranging and facilitating the unlawful supply of a Ruger pistol, played an active and central role in the transaction, and the objective seriousness of his conduct and the necessity for general and specific deterrence require a full-term custodial sentence; mitigating factors and special circumstances support a sentence below the standard non-parole period but not a community-based alternative.

Court Disposition

Aggregate sentence of imprisonment; custodial sentence

Orders

  • Aggregate sentence of two years and nine months imprisonment.
  • Non-parole period of 1 year 5 months commencing 14/02/2020 and expiring 13/07/2021.