An ex-Wollongong policeman turned racehorse trainer found to have played an "integral role" in the supply of a black market pistol to a friend in exchange for an antique gun has failed to have his jail sentence overturned on appeal.
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Shane Allan Kember was one of seven men arrested by detectives investigating the supply of firearms in western NSW.
Kember subsequently pleaded guilty to knowingly taking part in the supply of a pistol and possessing a prohibited weapon - a silencer - without authority, admitting he'd been involved in organising the exchange.
But he challenged the police version of events, claiming he was not present when an associate, Stephen Lawrence, made the swap at Kember's property at Kembla Grange on August 31, 2016.
He claimed he had simply introduced the alleged buyer, Darryl Austin, to Mr Lawrence then went inside to eat dinner while the men conducted their business.
But Judge Andrew Haesler rejected Kember's claims and found he had not only been present when the transaction took place, but that he had been "central" to the transfer of the Ruger pistol from "one unlawful possession to another unlawful possession".
The court heard Kember had had his gun licence revoked in 1996, however police found seven rifles during a search of his house, all of which were registered in his wife's name.
While she was found to possess a current licence, police confirmed she had moved out of the property some months earlier and was unaware Kember had illegal possession of guns at the property in her name.
Kember was sentenced to a total of two years and nine months' jail in February this year, with a non-parole period of 17 months.
Kember appealed the decision to the Court of Criminal Appeal, with his lawyers arguing he should have been given an intensive correction order in lieu of full-time jail.
However, the panel of three CCA judges found Judge Haesler had not made a mistake in his sentencing.
"It is evident from the structure of his Honour's reasons that his consideration of all relevant factors led him to conclude that he could not do justice to the objective seriousness of the offence by imposing anything other than a full-time custodial sentence," the trio said in a judgement handed down this week.
