Kemp [2026] NSWDC 164
1 judgment
Kemp [2026] NSWDC 164
Project Citation28 April 2026 Drug offences – research from Bugmy Bar Book referred to in consideration of offender’s background
Coram: Everson SC DCJ
- Six executive summaries from Bugmy Bar Book tendered on behalf of offender:
- [23] The Bugmy Bar Book is now recognised to be a reliable collation of expert research on the potential impacts of various forms of nationally recognised disadvantage on persons appearing before the criminal justice system. The book is evidence-based, distilling extracts from major reports and leading research in peer review journals into accessible summaries. In many respects, it footnotes basic truths that I find myself to be well acquainted with, at least since my involvement in the criminal law, which goes back to 1991. I am satisfied that the Bugmy Bar Book, and the executive summaries I have referred to, is the product of rigorous interagency and consultative review processes to ensure that it is accurate, comprehensive and contemporary.
- [24] I find myself reaching the same conclusion expressed by Yehia SC DCJ, as her Honour then was, in the case of Tsingolas [2022] NSWDC 34 at [87]-[88], cited with approval by Lonegan J in Stanley (No 2) [2023] NSWSC 74 at [72].
- [25] I accept that there are limits, nevertheless, on the Bugmy Bar Book and its various chapters. For such exogenous knowledge to become relevant, there must already be evidence before the Court establishing a form of disadvantage relevant to the Bugmy Bar Book chapters that are relied upon. Where this threshold of ‘specifics’ is reached, the Court can then have regard to the ‘generalities’ in the research when applying fundamental sentencing principles: see Campbell [2024] NSWDC 413 (Neilson DCJ) [87]-[88].
- In consideration of offender’s background referred to research where relevant to explain effects of experiences: at [26]
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