Kemp v R [2012] NSWCCA 281

Kemp v R [2012] NSWCCA 281

The disparity in sentence between the applicant and his co-offenders was justified by the applicant's greater objective criminality, his conduct in delivering the blow that caused grievous bodily harm, the fact that he was on parole for a violent offence at the time, and his subjective circumstances. The Sentencing Judge properly considered parity, consistency and other relevant matters; no error was demonstrated.

Parties
Applicant: Ryan Kemp; Respondent: Regina
Jurisdiction
Australia
Judgment Date
17 December 2012
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal on Severity of Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentencing, Parity Principle, Consistency in Sentencing, Grievous Bodily Harm, Affray
Criminal Law Sentencing Parity Principle Consistency in Sentencing Grievous Bodily Harm Affray

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Parties

Ryan Kemp

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal on Severity of Sentence

Legal Issues

  1. 1 Whether the sentence imposed for recklessly causing grievous bodily harm in company was manifestly excessive
  2. 2 Whether the sentencing judge erred in application of the principle of parity resulting in disparity with co-offenders' sentences

Ratio Decidendi

The disparity in sentence between the applicant and his co-offenders was justified by the applicant's greater objective criminality, his conduct in delivering the blow that caused grievous bodily harm, the fact that he was on parole for a violent offence at the time, and his subjective circumstances. The Sentencing Judge properly considered parity, consistency and other relevant matters; no error was demonstrated.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Grant leave to appeal
  • Dismiss the appeal