Kember v R [2020] NSWCCA 152

Kember v R [2020] NSWCCA 152

The sentencing judge properly considered all relevant factors, including the three-step process for an Intensive Correction Order and the parity principle. No error was established in the reasoning concerning denial of an ICO, nor was there any marked disparity between the applicant's and co-offenders' sentences that could give rise to a justifiable sense of grievance. The sentence imposed was within discretion and not manifestly excessive.

Parties
Applicant: Shane Alan Kember; Respondent: Regina
Jurisdiction
Australia
Judgment Date
10 July 2020
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Appeal, Sentence, Firearms Offences, Intensive Correction Order, Parity in Sentencing
Criminal Law Appeal Sentence Firearms Offences Intensive Correction Order Parity in Sentencing

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Parties

Shane Alan Kember

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether sentencing judge failed to properly consider an Intensive Correction Order as an alternative to full-time custody
  2. 2 Whether sentencing judge failed to apply the principles of parity in sentencing
  3. 3 Whether sentence imposed was manifestly excessive

Ratio Decidendi

The sentencing judge properly considered all relevant factors, including the three-step process for an Intensive Correction Order and the parity principle. No error was established in the reasoning concerning denial of an ICO, nor was there any marked disparity between the applicant's and co-offenders' sentences that could give rise to a justifiable sense of grievance. The sentence imposed was within discretion and not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.